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A Government representative indicated that since the ratification of the Convention, the Government had made utmost efforts to ensure that the Republic of Korea's labour inspection was in line with the principles and provisions of this Convention. Noting that Korean workers' and employers' organizations had submitted some comments on the application of the Convention, he wished to explain several issues on the current status and future plans of labour inspection systems in the Republic of Korea. The Korea Employers' Federation (KEF) had commented in relation to Article 3 of the Convention, that training programmes for labour inspectors should be reinforced and specified, and that this should be stipulated in a legal provision. With regard to Article 5, the KEF had contended that the Government should present information on its efforts to have consultations with employers' and workers' organizations. The Committee of Experts had requested that relevant information be provided on the Industrial Safety and Health Policy Deliberation Committee (ISHPDC). The Federation of Korean Trade Unions (FKTU), with regard to Article 8, had asked for information on the measures taken to increase the proportion of female labour inspectors, in view of the significant increase in the number of female workers.
Concerning the need to strengthen labour inspector training programmes and to stipulate them in a legal provision, he pointed out that the Government was operating various educational and training programmes to enhance labour inspectors' capacity to perform their duty. In 2003 the Government ran two basic training courses for 73 newly recruited labour inspectors and nine advanced training courses for 307 labour inspectors. In addition, in order to provide technical assistance and information, the Government had offered three separate on-line courses. Both the basic and advanced training courses contained 10 specialized subjects such as dispute mediation, counselling, investigation skills and labour laws. They provided training to more than 400 labour inspectors with a total of 280 hours of training. In addition, the Government constantly published training materials on revised legislation such as working hours reduction, labour standards and employment security. In 2004, the Ministry of Labour had provided special workshops on working hours reduction to more than 960 labour inspectors at the local labour administration. Regarding the question raised by KEF in respect of Article 5 about appropriate arrangements to promote collaboration between officials of the labour inspectorate and workers and employers or their organizations and by the Committee of Experts on the functioning of the ISHPDC, he indicated that the latter was being operated by the Government in order to collect information from workers' and employers' organizations on major industrial safety and health policies and to strengthen cooperation among tripartite members. For the efficient running of the ISHPDC, the meetings were often replaced by consultations of the committee members in written form. In 2003, there were two such information gatherings in March and September to deliberate on the Enforcement Decree of the Industrial Safety and Health Act. The Government had also taken measures to collect information from workers' and employers' organizations, including tripartite discussions on industrial safety and health. At the regional level, directors of regional labour offices collected opinions from workers' and employers' organizations. The Government was preparing measures to facilitate the operation of the ISHPDC and to increase its functions. Implementation of the measure was expected to facilitate discussions among workers, employers and the Government.
Lastly, the speaker addressed the question raised by FKTU on the increase of female labour inspectors and the request for information by the Experts' Committee. As the number of female workers increased the Government was working hard to recruit more female labour inspectors to handle and respond to the rising issues of maternity protection and sexual harassment. As a result of such efforts, the proportion of female labour inspectors had continually risen annually from 12 per cent in 2001, 14.6 per cent in 2002 to 14.9 per cent in 2003. He expected that this rising trend would continue in the future. In May 2004, 140 labour inspectors were added in order to deal with rising labour issues. As of February 2004, the ratio of female public officials with grades 7 and 8 who mainly carried out the role of labour inspectors stood at 40.3 per cent and 37 per cent respectively. Given this, the ratio of female labour inspectors was expected to increase further. Considering that 70.2 per cent of grade 9 public officials were women, the proportion of female labour inspectors was forecast to rise more rapidly. The Government was also encouraging female public officials to apply for labour inspector posts.
The Worker member of the Republic of Korea observed that, as noted by the Committee of Experts and acknowledged by the Government, one of the major functions of labour inspection was to provide advice to workers. This included advice and information on unjust labour practices on the part of employers or middle management. One of the main aims of the labour inspection system was to prevent violations of basic labour rights by inspecting and offering assistance before accidents or violations occurred. However, in order for this to become possible, a sufficient number of labour inspectors were required to carry out inspections and give technical assistance. In the Republic of Korea, there was a significant shortage of labour inspectors, leading to a situation where one labour inspector was often responsible for several hundred workplaces. This resulted not only in one of the original purposes of the institution - preventing unjust labour practices - being rendered largely obsolete, but also meant that labour inspectors did not always receive proper training or education in the courses mentioned by the Committee of Experts. For this reason, he requested that the Committee of Experts further examined, and the Government provided information on the number of workplaces that were allotted to individual labour inspectors on a comparative basis, both domestically between regions/industries, and internationally. The great disparity in the workload of labour inspectors in the Republic of Korea also seemed to reflect a lack of effective follow-up measures and evaluation systems, an area in which the active participation of workers could potentially play a role in improving the labour inspection system.
Another point was that, despite the fact that the labour inspectors needed to remain completely impartial in their work, there had been instances where they had shown a propensity to bias towards certain parties. Complaints had been received by FKTU from migrant workers who had filed complaints to labour inspectors about unpaid wages at their workplace, only to be threatened with being reported to the Immigration Bureau as being undocumented. Needless to say, the problem of unpaid wages had gone unresolved despite the complaint being filed. The Special Labour Inspection system had been put into effect to make up for these shortcomings. However, the non-binding nature of ordinances by the labour inspectors had limitations in correcting labour practices in violation of relevant labour laws, as illustrated by the suicide of two workers through self-immolation in protest at unjust labour practices. This suggested that the strengthening of procedures for the enforcement of penalties against employers in violation of labour laws needed to be seriously considered. Labour inspectors should be required to have a certain amount of direct experience in labour and industrial relations, and the participation of workers should be guaranteed in the operation and running of the system in order to overcome such deficiencies. Regarding the observation of KEF concerning the ISHPDC, he pointed out that the evaluation and provision of information on this issue might need to be reconsidered in the light of the fact that new preparatory talks were ongoing in the Republic of Korea about a new tripartite framework that included all relevant trade unions. He finally noted that a certain amount of progress had been made regarding the number of women inspectors, and expressed the hope that the Government would provide information on progress made in this area.
The Worker members welcomed the information provided by the Government. The Convention was a key element in protecting workers' rights. Without a well-structured and independent labour inspectorate, the rights of workers were likely to remain meaningless. For the Worker members, the objectives of labour inspection were not simply to give advice to employers and workers, but to ensure that legislation and regulations were adhered to in practice. In the Republic of Korea, women workers represented 41 per cent of the working population. However, in 2000, there were only 59 female inspectors out of a total of 711. The Government had noted that an increase of 8.3 per cent was implemented between 1999 and 2001. The Worker members were encouraged by this trend but requested that this issue remained under the review of the Committee of Experts and that the Government sent statistics to the Committee. They requested information on whether the total number of labour inspectors was sufficient to carry out the mission, given the number of enterprises, the number of workers and the various areas of activity, and the complexity of the applicable provisions, as well as the means at its disposal. Furthermore, the Worker members hoped to be informed of how labour inspections functioned in the informal sector and, finally, how the Government ensured the continued training of labour inspectors.
The Employer members recalled that the full application of the Convention was crucial for a functioning labour inspection system as an effective means to enforce labour legislation. They emphasized that information and advice for workers and employers was of importance in this regard. Such activities could prevent non-compliance with national legislation. They noted the information provided by the Government with regard to promoting collaboration between labour inspection services and workers' and employers' organizations, as well as with regard to the increase of the number of female labour inspectors. The Government should provide this information in its next report, as well as written detailed replies to the other points raised by the Committee of Experts.
The Worker member of Japan emphasized the importance of labour inspection. Implementing labour inspection was a difficult task and as the Committee of Experts had pointed out in its report, it was necessary to ensure sufficient human resources with professional capability, not only quantitively but also qualitatively, in order to exercise labour inspection effectively. He said that many governments had adopted a "small government" ideology, which led to personnel reduction in public services, especially in the field of labour administration. The Republic of Korea was no exception and the resulting impact in a country where women workers accounted for some 41 per cent of the total labour force and where many industrial disputes were the result of unfair practices, was severe. As the Committee of Experts had pointed out, four measures, based on tripartite consultation with concrete provisions, were required in order to implement effective labour inspection: ensuring a sufficient number of inspectors; increasing the number of female inspectors; providing for qualitative skills training; and improving terms of employment for the inspectors. He strongly urged the Government to take measures to improve the situation immediately.
Another Worker member of the Republic of Korea wished to comment mainly on the issue of the number of women labour inspectors, while noting every effort and progress made by the Korean Government in this respect. The Republic of Korea had seen a steady increase of women workers in its labour market, which had resulted in an increase of various cases of women victims of unfair practices at the workplace, such as sexual harassment, gender discrimination, infringement of maternity protection legislation and others. Given their nature and characteristics, there was a need for more training on gender-related issues and debates among male and female labour inspectors. He requested the Government to make more efforts to ensure an adequate number of women labour inspectors as soon as possible. As to the argument that the post of labour inspector was not preferred by women officials within the Government, not only because of the difficult nature of the job but also because of the terms and conditions of work of labour inspectors, he urged the Government to come up with proper measures in this area in order to render the position of labour inspector more attractive. Finally, he expressed the hope that the Government would use this opportunity to review and develop the whole labour inspection system and make it more effective, and suggested that the matter might be discussed within the National Tripartite Commission.
The Government representative indicated that new measures were planned to enhance the availability of information and advice to workers and employers, such as the establishment of a counselling call centre. With regard to tripartite cooperation, the Government was working to set up tripartite labour inspection committees. These would be a forum for dialogue charged with developing training materials and sharing best practices. Finally, the Government would also continue to increase the number of female labour inspectors, including through improving the terms and conditions of labour inspectors.
The Worker members were satisfied with the constructive attitude of the Government. They recalled that the Convention was essential for guaranteeing respect for the rights of workers. The discussion had covered numerous points: the determination of whether the work carried out by the Labour Inspectorate fully complied with the principles of the Convention; the continuous training of labour inspectors; the proportion of women in the Labour Inspectorate as compared to the proportion of women workers in the national workforce; and the total number of employees in the Labour Inspectorate. The Worker members requested the Government to provide statistics to the Committee of Experts in order to review the situation.
The Employer members stated that there was no basis for concluding that there were major deficiencies in the Korean labour inspection system. The Government was working to improve the provision of information and advice to workers and employers. It also strengthened tripartite cooperation on labour inspection and made efforts to achieve a greater gender balance among labour inspectors. The Committee should request the Government to provide in its next report to the Committee of Experts the information on the points raised.
The Committee took note of the statement made by the Government representative and the discussion that followed. The Committee underlined the fundamental importance of this Convention. The Committee took note of the labour inspectors' capacity-building programmes and expressed the hope that the Government would continue to make efforts to guarantee the training of labour inspectors in order to provide them with the means to address in the best way the requests of employers' and workers' organizations for technical information and advice. It underlined that the number of inspectors and the means at their disposal should be sufficient so that the inspectors could carry out their functions of advice as well as control, which was an essential function. With regard to the cooperation between employers and workers, the Committee took note of the information provided by the Government on tripartite dialogue on this subject and urged it to enhance it. Taking into account the constant increase of women at work, the Committee invited the Government to further reinforce the female composition of the labour inspectorate, so that inspection services could adequately address certain questions which specifically related to the conditions of work of women. The Committee requested the Government to send to the Committee of Experts complete and documented information as well as statistics on each of the questions raised.
The Committee takes note of the Government’s report which was received on 7 September 2009.
Articles 10 and 16 of the Convention. Staff numbers of the labour inspection services and effectiveness of the system. The Committee takes note of the data provided by the Government in reply to the Committee’s request with regard to the number of workplaces liable to inspection and the number of inspections carried out in 2008. According to the Government, as of 31 December 2007, 1,432,812 workplaces were subject to labour inspection. In 2008, 24,925 workplaces were inspected. The Committee observes that this represents a significant increase in relation to the number of inspections reported for 2006 which amounted to 17,732. Nevertheless, there is still considerable room for improvement in relation to the number of workplaces subject to labour inspection. The Committee would be grateful if the Government would continue to provide detailed information on the operation of the inspection system, and in particular to indicate the total number of workplaces liable to inspection and the number of inspections carried out in 2009 and 2010.
Article 12(1)(a) and (b). Right of inspectors to enter workplaces freely. In its previous comments, the Committee had noted that the Work Guideline for Labour Inspectors allowed for the possibility to carry out inspections without prior notice, as an exception to the general rule which is to give prior written notice of the plan of inspection to the employer. The Committee takes note of the clarifications made by the Government in its latest report with regard to the three types of labour inspection established in the law: (i) regular inspection based on the Comprehensive Plan for Workplace Labour Inspection; (ii) occasional inspection in cases where a law or regulation is enacted or revised or there is social demand; and (iii) special inspection where a labour dispute has taken place or is highly likely to take place following non-compliance with working conditions prescribed by labour laws and regulations or where social trouble is caused by failures to make statutory payments. The Committee notes from the Government’s report that, pursuant to section 17 of the Work Guideline for Labour Inspectors, an employer should be notified at least ten days before labour inspection is carried out; the Government is considering ways to introduce an inspection system without advance notice in phases depending on the type of inspection (regular, occasional, special inspection).
The Committee observes from the above that, although the possibility of unannounced visits is provided for in the law, it is not applied in practice as long as an inspection system without advance notice has not been introduced. The Committee recalls that Article 12 of the Convention is intended to ensure that inspectors may carry out inspections at any time, without previous notice, with the necessary freedom for an effective inspection. Unannounced visits enable the inspector to enter the inspected premises without warning the employer, especially to avoid that the employer may be tempted to conceal a violation, by changing the usual conditions of work, preventing a witness from being present or making it impossible to carry out an inspection (see General Survey of 2006 on labour inspection, paragraphs 261–263).
The Committee also observes that it is not clear from the information provided by the Government on the three types of inspection visit, whether inspection visits can take place pursuant to a complaint. It recalls that conducting unannounced visits on a regular basis is especially useful if the visit is carried out in response to a complaint, as it enables inspectors to observe the confidentiality required by Article 15(c) of the Convention regarding the purpose of the inspection (General Survey, op. cit., paragraph 263).
Consequently, the Committee would be grateful if the Government would provide in its next report information on progress made with regard to the adoption of an inspection system without advance notice to supplement the guidelines applicable to inspectors in accordance with the provisions of Article 12(1). The Committee also requests the Government to furnish statistical information on the number of unannounced visits which took place in 2009 and 2010, including the number of visits which took place in response to complaints.
Time when inspections are carried out. The Committee had previously requested the Government to provide information on the time when inspections may be carried out so as to give full effect to each of the provisions of Article 12(1). The Committee notes that, according to the Government, there is no provision in the Labour Standards Act, especially its section 102 on the authority of labour inspections, which may restrict a labour inspector’s entry to workplaces at any hour of day or night, and, therefore, inspection can be conducted freely at any hour, if it is deemed necessary. The Committee would be grateful if the Government would provide further information in its next report indicating in particular the number and types of inspection visits which were carried out in the night in 2009 and 2010.
Articles 20 and 21. Publication and communication to the ILO of an annual inspection report. In its previous comments, the Committee had requested the Government to provide information on the content of the “White Paper on Labour” published by the Ministry of Labour instead of an annual report and to communicate a copy within the time limits set out in Article 20. The Committee notes from the Government’s report that the White Paper contains the various policies and projects pursued by the Ministry and related statistics for the year concerned and deals with all the subjects described in Article 21 of the Convention except for point (b) on the “staff of the labour inspection service”. The Committee would be grateful if the Government would provide in its next report a summary of the content of the White Paper with regard to Article 21(a) and (c)–(g) of the Convention, as well as the information required under point (b).
Articles 5(a) and 21(e). Effective cooperation between the labour inspection services and the justice system. The Committee notes that, according to the Government, the 2009 White Paper contains information relative to the general observation made by the Committee in 2007, in particular, the number of cases reported to local labour offices and the results of their handling by the inspectorate (administrative settlement, referral to judicial treatment, imposition of a fine, etc.) The Government specifies that the results of the judicial examination are not included in the White Paper as judicial proceedings are concluded only after a decision is taken by the justice system. The Committee would be grateful if the Government would indicate in its next report whether a system exists or is contemplated for the recording of judicial decisions so as to enable the labour inspectorate to make use of this information in pursuance of its objectives and to include it in the annual report, as envisaged in Article 21(e) of the Convention. It would also appreciate further information on any measures taken or contemplated to promote effective cooperation between the labour inspection services and the justice system.
With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.
Article 12, paragraph 1(a) and (b), of the Convention. Right of inspectors to enter workplaces freely. Time when inspections are carried out. The Government indicates that the Work Guideline for Labour Inspectors requires inspectors to give advanced notice of the plan of inspection in writing if there is no special reason not to do so, but that they may also carry out inspections without prior notice. However, it does not indicate the time periods during which inspections may be carried out. The Committee emphasizes that the above provisions of the Convention, under which inspectors shall be empowered “to enter freely … at any hour of the day or night any workplace liable to inspection” and “to enter by day any premises which they have reasonable cause to believe to be liable to inspection” are intended to enable them to carry out inspections wherever necessary and whenever possible according to the technical requirements, with a view to ensuring the protection of workers. According to the Government’s indications in its report received in 2006, this issue will be clarified in the next revision of the related laws. The Committee requests the Government to keep the Office informed of any development in this respect and to indicate whether the guidelines applicable to inspectors have been supplemented to give full effect to each of the provisions of Article 12, paragraph 1.
Articles 20 and 21. Publication and communication to the ILO of an annual inspection report. Noting the information provided by the Government that the “White Paper on Labour” published by the Ministry of Labour instead of an annual report is circulated to public institutions and workers’ and employers’ organizations, the Committee would be grateful if the Government would provide information on the content of this document, and particularly whether it contains the information required by Article 21, and if it would provide a copy within the time limits set out in Article 20.
1. Article 8 of the Convention. Increasing the proportion of women in the staff of the labour inspectorate. With reference to a point raised by the Federation of Korean Trade Unions (FKTU), concerning the need to raise the proportion of women inspectors in the labour inspectorate in response to the strong increase in women workers, the Committee notes with satisfaction the steady progress made by the Government in this respect. Between 2001 and 2007, the proportion of women in the staff of the inspectorate rose from 12 to 22 per cent, thereby also responding to the request by the Committee on the Application of Standards of the International Labour Conference (92nd Session, June 2004) to increase the number of women in the staff of the labour inspectorate so that inspection services adequately address certain issues relating to the conditions of work of women.
2. Articles 10 and 16. Staff numbers of the labour inspection services and effectiveness of the system. The Committee notes with interest the Government’s indication that the appointment of 374 new inspectors in 2006 made it possible to achieve a significant increase in the number of inspections, reduce the number of days necessary to process complaints relating to labour legislation and reduce the number of labour disputes through the strengthening of prevention functions. The Committee would be grateful if the Government would continue to provide detailed information on the operation of the inspection system, and in particular to indicate the total number of workplaces liable to inspection by the inspection services and the number of inspections carried out over a specified period.
The Committee is also addressing a request directly to the Government on certain matters.
The Committee refers the Government to its observation and notes the information sent in response to the matters raised in the direct request of 2003.
Articles 10 and 16 of the Convention. Strength of the inspectorate and frequency of inspection visits. The Committee notes that, following an increase in the numbers of the inspectorate in 2006, the Government plans to take measures to improve the efficiency of the inspectorate as a whole, including by stepping up the frequency of visits. The Government is asked to provide information on any new measures taken to this end and on the results obtained.
Article 12, paragraph 1(a) and (b). Right for inspectors to enter workplaces freely. The Committee takes note of the Government’s statement that there are no provisions in the law determining when inspections may be carried out, but that this will be clearly stated when the legislation is next revised. The Committee hopes that the legislation will soon be supplemented to bring it in to line with the abovementioned provisions of the Convention, and that in its next report the Government will be in a position to provide information showing progress in this respect, including copies of any relevant legal provisions.
Articles 20 and 21. Publication and communication to the ILO of an annual inspection report. The Committee notes that an annual report, as prescribed in Articles 20 and 21 of the Convention, is not published separately, but that a White Paper on labour containing relevant information is published every year and detailed annual data is compiled internally. The Committee notes with interest that the information, responding to each item of Article 21, is supplied by the Government both in its report and on a CD-ROM attached thereto covering the activities of the various bodies of the Labour Department for 2004. It would be grateful if the Government would state whether the CD-ROM is circulated widely enough to be accessible by the social partners and any other concerned public or private institution and to prompt any comments and views they may have on the working of the Labour Inspectorate and on ways of making it more efficient.
The Committee takes note of the Government’s report containing answers to its previous requests, and particularly to the matters raised by the Korea Employers Federation (KEF) and the Federation of Korean Trade Unions (FKTU) which were discussed by the Committee on the Application of Standards of the International Labour Conference (ILC) (session of June 2004).
1. Article 3, paragraph 1(b), of the Convention. Supply of information and advice to employers and workers The Committee notes with satisfaction that in response to the request of the Conference Committee on the Application of Standards, training programmes were conducted in 2005 for labour inspectors, in particular in the Korea Labour Education Institute, on the law governing individual labour relations, collective industrial relations, methods of investigation and the prevention of labour disputes. It also notes that training courses on labour law are operating on the Internet and that labour inspectors responsible for industrial safety and health are appointed only on completion of training in industrial safety and receive refresher training every year.
2. Article 5(b). Collaboration between the labour inspectorate and employers and workers. In earlier comments, noting the KEF’s observations on the need for in-depth discussion, coordination and cooperation in the Industrial Safety and Health Policy Deliberation Committee (ISHPDC), the Committee asked the Government for further information regarding the work of the ISHPDC. The Committee notes with interest that, in response, the Government indicates that, during the period covered by its report, the work of this committee covered mid- and long-term basic plans on industrial accident prevention, a bill to revise the Industrial Safety and Health Act, a revision of legal provisions with a view to ensuring more efficient operation of the ISHPDC and more professional deliberation. The Government also indicates that special subcommittees were established by sector and that a legal ground was newly established to hear opinions from experts during discussion at the ISHPDC.
3. Article 8. Proportion of women in the staff of the labour inspectorate. The Committee notes that the Government plans to take steps to increase the recruitment of women labour inspectors in response to the increase in the participation rate of women. It notes that women accounted for 12 per cent of the total inspectorate staff in 2001, and 17.6 per cent in 2005. The Committee would be grateful if the Government would provide further information indicating the distribution by sex and by branch of activity of workers covered by the Convention, and to report to the ILO any changes in the inspectorate staff, with a breakdown by sex and by grade.
The Committee is addressing a request regarding other matters directly to the Government.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised by the Committee on the Application of Standards at the 92nd session of the International Labour Conference (June 2004) and in its previous direct request, which read as follows:
The Committee requests the Government to provide further information on the following points.
1. Labour inspection staff and frequency of inspection visits (Articles 10 and 16). Further to its previous comments, the Committee notes the Government’s indication that the current number of inspectors is not large enough to cover the workplaces and employees as the application of the Labour Standards Act was expanded to cover all workplaces on 1 January 1999. It has therefore computerized the labour inspection service to promote efficiency of the work of inspectors, since it would have been difficult to increase the number of labour inspectors, which had already passed from 974 in 1999 to 1,055 in 2001 despite the overall job retrenchment in public services.
The Committee also notes the information in the Government’s reports that in 1998 general inspectors conducted 110,752 inspection visits; that however, in 2000, the number of visits was reduced to 1,994, which represents only 0.17 per cent of the total number of workplaces liable to inspection (1,197,000). Considering that the size of the general labour inspection staff is 739, it turns out that each inspector on average conducted merely 2.6 inspection visits during the year 2000.
The Committee requests the Government: (i) to provide additional information on the computerization of the labour inspection service, in particular on the Workplace Digitalization System launched in January 2003, and to supply any evaluation on the progress achieved in terms of promotion of efficient inspection activities; and (ii) to adopt the appropriate measures to increase the number of labour inspectors and inspection visits in order that workplaces be inspected as often and as thoroughly as necessary and to provide information on any progress made.
2. Right to free access of labour inspectors to workplaces liable to inspection (Article 12, paragraph 1(a) and (b)). With reference to its previous comments, the Committee notes the Government’s indication that, in practice, labour inspectors, as special judicial police officers, occasionally visit workplaces without a written order so as to identify real conditions of the workplaces. It notes, however, that the information supplied by the Government does not specify whether a time limit is imposed on this right to free access of labour inspectors. The Committee asks the Government once again to indicate whether the right for labour inspectors to enter freely and without previous notice "at any hour of the day or night" any workplaces liable to inspection (paragraph 1(a)) is guaranteed as well as the right to enter "by day any premises which they may have reasonable cause to believe to be liable to inspection" (paragraph 1(b)).
3. Annual inspection report (Articles 20 and 21). The Committee notes that the annual inspection report has not been transmitted to the ILO. Recalling that these reports are an essential means of determining how the inspection system functions in practice, it hopes that the Government will not fail to send to the ILO within the time limits provided for in Article 20 copies of annual inspection reports dealing with the subjects mentioned in Article 21.
Referring also to its observation, the Committee requests the Government to provide further information on the following points.
Further to its previous comments, the Committee notes the Government’s reports which contain the Government’s response to the observations made by the Korea Employers’ Federation (KEF) and the Federation of Korean Trade Unions (FKTU).
1. Information and advice for employers and workers (Article 3, paragraph 1, of the Convention). In its observations, the KEF expressed the view that the labour inspectors’ function of technical information and advice needs to be reinforced through specific training programmes and to be enshrined into the provisions of national law. The Government indicates in its reply that the initial training courses are provided for those just appointed as labour inspectors, and thereafter, mid-level further training courses are operating every year for almost all the inspectors. The Committee notes that, according to the Government, one of the major functions of inspectors is to supply advice to employers and workers, although such function is not provided for in the Regulation on Duties of Labour Inspectors. The Committee requests the Government to provide particulars on the way in which the inspectors’ training programmes abovementioned helped them giving advice to employers and workers in practice, and on progress made in this regard.
2. Collaboration with employers and workers (Article 5(b)). Regarding the KEF’s observations on the necessity of in-depth discussion, coordination and cooperation in managing the Industrial Safety and Health Policy Deliberation Committee (ISHPDC), the Committee notes the Government’s reply that the ISHPDC, as a tripartite body, has set mid- and long-term basic plans on industrial safety and health, and that it has deliberated and coordinated major policy issues on that area. The Government adds that under the ISHPDC, a working party has been established, among others, to evaluate the annual programmes linked with the abovementioned basic plans. The Committee asks the Government to supply information on the work of the ISHPDC.
3. Proportion of women inspectors (Article 8). Regarding the observations by the FKTU, according to which the proportion of women inspectors is not appropriate since the female workers account for 41 per cent of the entire employees, the Committee notes the information provided by the Government that the number of women inspectors has been on the rise, for example, its proportion increased by 8.3 per cent during the period of 1999-2001, and that the Ministry of Labour has already requested the Ministry of Government Affairs and Home Affairs to increase the number of inspection staff in charge of women’s issues at regional labour offices. The Committee hopes that the Government will provide information on any progress made in this respect.
The Committee addresses a request directly to the Government concerning certain points related to other issues.
The Committee notes the Government's report received on 25 November 1999. It also notes the observations by the Korea Employers' Federation and the Federation of Korean Trade Unions.
In its observations the Korea Employers' Federation points out the inspector's function of technical information and advice needs to be reinforced through specific training or educational programmes (Article 3 of the Convention). In addition, the federation, referring to the current activities of the Industrial Safety and Health Policy Deliberation Committee focusing on reviewing documents and reports in writing, indicates that the said committee needs to direct its activities toward in-depth discussions, coordination and cooperation among its tripartite members (Article 5). The Federation of Korean Trade Unions for its part points to the low proportion of women in the labour inspection staff (59 women out of 711 labour inspectors). Noting that women account for 41 per cent of the employees, the federation stresses the need for the Government to make further efforts to increase the number of women inspectors (Article 8).
The Committee will examine at its next session the information provided by the Government in its report in answer to its 1998 direct request as well as any comments the Government may wish to formulate on the issues raised by the Korea Employers' Federation and the Federation of Korean Trade Unions.
The Committee notes the information contained in the Government's reports. It requests the Government to provide further information and clarification on the points raised below.
1. Article 3, paragraph 1(b) and (c). The Committee notes that the Government's report does not explicitly provide information on the inspector's functions of information, advice and notification of defects or abuses not specifically covered by existing legal provisions. It requests the Government to provide such details in its next report.
2. Articles 10 and 16. The Committee notes that the total number of labour inspectors has increased from 865 in 1994 (580 general inspectors; 285 safety and health inspectors) to 935 in 1997 (646 general inspectors; 289 safety and health inspectors). The Committee notes however that the Government has provided no information as concerns the number of workplaces liable to inspection and the number of workers employed therein.
In this regard the Committee has taken note of available information contained in the 1997 Labour White Paper according to which the number of workplaces liable to inspection was 202,095 in 1997, the number of workers employed in such workplaces being 6,342,071. The Committee notes in this connection that while certain provisions of the Labour Standards Act (1953 as amended) do not apply to businesses or workplaces employing four or fewer workers, articles 104 to 109 (Chapter XI) on labour inspectors will apply as from 1 January 1999 to such businesses and workplaces by virtue of Presidential decree of 24 February 1998 (table 1). The number of workplaces liable to inspection and of workers employed in such workplaces is thus likely to increase in future.
Noting that the Government's report does not address the question of the adequacy of the number of labour inspectors, the Committee requests the Government to provide in its next report detailed information as to whether it considers the number of 935 labour inspectors as sufficient to secure the effective discharge of the duties of the labour inspectorate in order to ensure that in accordance with Article 16 of the Convention workplaces are inspected as often and as thoroughly as necessary to ensure the effective application of the legal provisions, and on any measures taken or envisaged to improve the situation, if necessary.
3. Article 12, paragraph 1(a), (b) and paragraph 2. The Committee notes that according to article 105(1), (3) and (4) of the Labour Standards Act and related regulations labour inspectors should present a letter of order before performing their duties. Referring also to paragraphs 157 to 168 of its 1985 General Survey on labour inspection, the Committee requests the Government to provide information on whether labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection (Article 12, paragraph 1(a)); to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (Article 12, paragraph 1 (b)); and to refrain from notifying their presence, if they consider that such notification may be prejudicial to the performance of their duties (Article 12, paragraph 2).
4. Article 15(a) and (c). The Committee requests the Government to provide information on any provisions adopted or envisaged providing that labour inspectors shall be prohibited from having any direct or indirect interest in the undertakings under their supervision (Article 15(a)) and shall treat as absolutely confidential the source of any complaint (Article 15(c)).
5. Articles 20 and 21. The Committee notes that no annual inspection report has been received. The Committee recalls that these reports are an essential means of determining how the inspection system functions in practice. It hopes that the Government will send to the ILO within the time limits provided for in Article 20 copies of annual inspection reports dealing with the subjects mentioned in Article 21.