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

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Labour inspection and application of the Convention in practice. Following its previous comments, the Committee takes note of the statistical information communicated by the Government in its report. In particular, the Committee notes the Government’s indication that from 2015 to 2019, “inspection in workplaces with youths under the age of 18” was expanded and reformed to “inspection on basic employment standards”. In this regard, in 2018, 7,151 workplaces employing minors were inspected, 6,086 of which were found in violation of the Basic Employment Standards, leading to 13,281 cases redressed, 52 cases judicially treated and 311 cases fined. In 2019, 10,053 inspections revealed 9,592 workplaces in violation, leading to 29,961 cases redressed, 23 cases judicially treated and 218 cases fined. The Government also communicates statistics on the number of complaints received with regard to minors and results of actions taken on those complaints from 2018 to 2021. For example, in 2020, 830 reported cases were processed, leading to administrative action in 803 cases, judicial treatment in 138 cases, and fines in 2 cases. In 2021, 627 reported cases were processed, administrative action taken in 549 cases, judicial treatment in 79 cases, and fines imposed in 6 cases.

The Committee observes, however, that the statistics communicated by the Government do not clearly indicate whether the cases of violations identified and cases of complaint reported related to the employment of children under the minimum age of employment or work (15 in the Republic of Korea) or to other provisions relating to the application of the Convention, such as children under 18 engaged in hazardous work. In this regard, the Committee notes the observation of the FKTU according to which the Government’s report lacks sufficient information to assess whether the Republic of Korea complies with the Convention. The FKTU provides some additional statistical information, including the number of cases found of workers below the minimum age of 15: 28 in 2018 and 16 in 2020. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, indicating clearly the statistical data referring to the violations relating to the employment of children under the minimum age and young persons found in hazardous work, extracts from the reports of inspection services, and information on the number and nature of violations detected and penalties applied involving children and young persons.

Conditions of employment. Following its previous comments, the Committee notes the Government’s information that every fourth week of the last month of each quarter is the Safety Inspection Day, during which inspection is conducted centering around workplaces where teenagers are employed the most, such as convenience stores and cafes, to maintain the conditions of employment at a reasonable level. Active campaigns and guidance as well as inspection on basic labour standards are implemented all together, including dissemination of information on minimum wage, wage deferrals, and paychecks. The Committee takes due note, in this regard, of the statistics communicated by the Government and the FKTU on the inspections in workplaces which employ young persons as well as on the violations detected regarding such issues as overdue wages, working hours and the requirement of a written labour contract.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee takes note of the Government’s report, of the observations of the Federation of Korean Trade Unions (FKTU) and of the Government’s reply to these observations, all received on 28 September 2022. The Committee also takes note of the detailed observations of the Korean Confederation of Trade Unions (KCTU), received on 7 September 2022. The Committee requests the Government to provide its reply to the observations of the KCTU.

Articles 3 and 6 of the Convention. Hazardous work and apprenticeships. The Committee notes that the Republic of Korea currently has an “on-the-job training” (OJT) system for 12th graders (typically 16–17-year-olds) attending specialized vocational high schools and a “work-study combination” (WSC) system for 11th and 12th graders (typically 16 to 18 years of age) at apprenticeship high schools.

The Committee observes that the KCTU essentially alleges that the OJT and WSC systems cannot be regarded as vocational or technical training in the practical sense because they are mainly used to increase the early employment rate of students in vocational or apprenticeship high schools rather than to provide learning and skills to the trainees involved. Moreover, according to the KCTU, trainees often work in unsafe conditions, leading to occupational accidents, and they are often unsupervised and receive little to no actual training.

The Committee notes the KCTU’s allegation that the OJT system, despite being regulated through the Vocational Education and Training Promotion Act, exposes youth to poor working environments without sufficient guidance. Issues raised by the KCTU regarding the OJT system include weak occupational safety and health implementation and a lack of oversight during training and a lack of effective management and supervision. The KCTU also observes that trainees are exposed to dangerous working conditions. Of the youth dispatched to companies for on-the-job training, some are assigned to very risky environments with many hazards, such as those related to construction, machinery, chemical engineering, and electricity. Many of these OJT participants do not receive sufficient occupational safety education prior to such an assignment and are therefore often involved in industrial accidents while performing their work. The Committee notes, from the observations of the KCTU, that there were six industrial accidents involving on-the-job trainees in 2019 and five in 2020, many of which involved serious injury. The KCTU observes that, given the high likelihood that less major accidents were not reported due to the nature of on-the-job training, the actual total number of industrial accidents is very likely higher. The KCTU also provides information on a 2021 accident that led to the death of an on-the-job trainee while he was diving to remove barnacles from the hull of a leisure boat at a yacht marina. Not only is diving work classified as an occupation prohibited to young persons under 18, under section 65 of the Labour Standards Act (and other regulations), but it was reported that at the time of the accident, the trainee had no diving-related qualifications, certificates, experience or skills.

With regard to the WSC system, the KCTU indicates that, according to the Act on Work-study Combination at Industrial Sites (the “WSC Act”), “work-study combination” refers to a program of vocational education and training that an employer (“participating company”) provides on- and off-site to “participating employees” on performing their duties. The issues raised by the KCTU regarding this system include the fact that this type of training occurs in a corporate environment in which proper training cannot be provided to participating employees (due for example to the small size of a majority of participating companies and to the lack of on-site trainers); that the work at participating workplaces has little to do with school lessons and learning, and often requires no skills; and that participating employees are exposed to danger. The KCTU alleges that there are also safety issues within the training programmes of the WSC system, that a report from a full-scale survey inspecting the operation of apprenticeship schools in South Jeolla (Jeonnam) Province showed that only 79.7 per cent of participating employees answered that they had received safety education from their companies, and that 15.6 per cent of them work without safety equipment or have to buy their own safety equipment. As many as 33.7 per cent of the respondents answered that they themselves or a friend had been injured while working. One-third of participating employees directly or indirectly experienced an industrial accident.

The Committee further notes that the FKTU, in its observations, indicates that the industrial accident death of the trainee in 2021 has highlighted a serious issue that is currently emerging as a social problem in the Republic of Korea: the working conditions and protection measures for “student labourers”/”student youth workers”. In this regard, the FKTU indicates that the Government announced the launch of the “Additional Improvement Plan for Occupational School Field Practice to Secure Safety and Rights”, on December 2021, which itself identifies the three major issues in the training systems: (1) lack of systematic management, supervision and support to ensure the safety of students; (2) low awareness of the field training for students on-site; and (3) insufficient conditions for education-centered field training, and the lack of environment for the expansion of opportunities. The FKTU indicates that, in this regard, the plan aims to promote field training safety, expand the protection of field trainees’ rights and interests, and reinforce the foundation for field training operations. The FKTU observes that the details on the implementation status of such improvement measures should be provided by the Government.

Finally, the Committee notes that, in the Government’s reply to the FKTU’s observations, the Government states that, while it deeply shares the need for the prevention of occupational accidents for students in technical education and is taking measures to ensure the occupational safety and health of on-the-job trainees, this issue is not under the scope of the application of the Convention, because Article 6 excludes from the scope of coverage of the Convention work done by young persons in schools for general, vocational or technical education or other training institutions.

In this regard, the Committee notes that the minimum age of for apprenticeships and vocational training in Korea appears to be 16 years and that, therefore, trainees are generally over the minimum age for admission to employment or work. The Committee recalls, however, that while work done in the course of vocational training or apprenticeships is not covered by the provisions of the Convention, this relates only as regards the minimum age requirement, namely that children under the minimum age may perform work if it is in the framework of vocational education or apprenticeships (the latter for children over the age of 14). However, the requirements of Article 3 of the Convention, regarding protection from hazardous work, apply to all children and young persons, including those engaged in vocational training or apprenticeships (see General Survey on the fundamental Conventions, 2012, paragraph 385).

The Committee therefore notes with concern the situation regarding the lack of safety and adequate training and supervision given to trainees. The Committee recalls that Article 3(1) of the Convention provides that 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 jeopardise the health, safety or morals of young persons shall not be less than 18 years. While Article 3(3) of the Convention allows certain hazardous types of employment or work to be performed as from the age of 16 years, this is provided that certain conditions are met: (1) the organizations of employers and workers concerned must have been consulted beforehand; (2) the health, safety and morals of the young persons concerned must be fully protected; and (3) they must have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee further recalls that these conditions must be applied to all workers, including young persons in the course of their apprenticeship or vocational training. The Committee therefore requests the Government to ensure that trainees under the age of 18 years are not engaged in hazardous types of work, particularly those prohibited to children under the age of 18 in accordance with section 65 of the Labour Standards Act and/or other regulations. If trainees over the age of 16 years are engaged in certain types of hazardous work in the course of their apprenticeship or vocational training, the Committee urges the Government to take measures to ensure that the performance of these hazardous tasks is authorized only as prescribed by Article 3(3) of the Convention, namely that their health, safety and morals are fully protected and that they receive adequate, specific instruction or training in the relevant branch of activity. The Committee requests the Government to provide information on the progress made in this regard, as well as on the consultations held with the concerned organizations of employers and workers on this issue.

Article 9(1). Penalties. The Committee notes the Vocational Education and Training Promotion Act, which serves as the basis of the OJT system, provides that the state and local governments shall guide and supervise on-the-job training (section 7). Regarding its operation, the Minister of Education, the Minister of Employment and Labour, and metropolitan/provincial superintendents may provide guidance or conduct inspections, such as ordering vocational education and training institutions and on-the-job industries to report or submit materials as necessary or having relevant civil servants perform field inspections (section 25). The KCTU alleges that while on-site inspections in the framework of the OJT system can be conducted along with the Korea Occupational Safety and Health Agency or the Korea Industrial Safety Association (when they request to join the inspection first), they are usually carried out by a labour attorney alone, who visits only once and ticks each box either “good” or “poor” on the checklist, in accordance with the “2022 Company Coaching Project Manual for On-the-job Training of Vocational High Schools”. The FKTU indicates that the manual asks labour attorneys to focus more on “guiding” companies or “explaining” the system so that the companies can carry out on-the-job training, rather than expecting strict adherence to the checklist items.

With regard to the WSC system, the KCTU indicates that one of the reasons why participating companies do not provide a safe training environment for participating employees is that the WSC Act itself does not obligate companies to do so. Even if an industrial accident occurs, the designation of the company as a participating company is not cancelled, and the company either receives a corrective order or their designation may be temporarily suspended (section 14(1)3) of the WSC Act). Participating companies are required to take safety measures in accordance with the Occupational Safety and Health Act, but if they fail to fulfil this obligation, the penalty is only a fine not exceeding five million won (approximately US$3,725) (section 42(2)2) of the WSC Act).

The Committee recalls that Article 9(1) of the Convention requires that all necessary measures, including the provision of appropriate and sufficiently dissuasive penalties, be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention. The Committee therefore requests the Government to take the necessary measures to ensure that all persons who, in the framework of the OJT or WSC systems, either:

employ children between the ages of 16 and 18 in hazardous work without respecting the conditions of safety and training, or
employ children under 18 years of age in types of hazardous work that are prohibited in accordance with section 65 of the Labour Standards Act and/or other regulations,

Incur effective and sufficiently dissuasive penalties, and not only warnings or guidance, in accordance with Article 9(1) of the Convention. In this regard, the Committee requests the Government to provide information on the type of violations of the Convention detected by inspections in both systems, and the number and nature of penalties imposed.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) communicated with the Government’s report.

Labour inspection and application of the Convention in practice. The Committee notes the observations made by the FKTU that the number of inspections conducted in workplaces that employ young persons are limited due to a shortage of labour inspectors. The FKTU indicates that, as of December 2016, there were only 1,282 labour inspectors, of which the number of working-level supervisors was 1,041, while one hands-on supervisor had to deal with 1,815 workplaces.

The Committee notes the Government’s information in its report that efforts are under way to gradually increase the number of labour inspectors and by 2019 it is expected to increase the number by 1,000 labour inspectors (with 160 in 2017, 452 in 2018 and 388 in 2019). Moreover, preventive inspection of workplaces will be strengthened with special attention to workplaces employing young persons and sectors prone to labour-related violations, including overdue wage payment, compliance with minimum wages and signing of written labour contracts. The Committee also notes the Government’s indication that the revised Labour Standards Act which came into force in July 2018 provides for strict labour supervision and inspection and prescribes stringent penalties on employers who violate the law. The Committee further notes the information provided by the Government with regard to inspections in workplaces employing young persons. In 2017, the number of workplaces inspected was 7,018 and the number of violations detected was 10,481. Out of these, 9,665 cases were redressed, 61 cases were judicially treated and in 755 cases fines were imposed. The Government further indicates that, since 2015, inspections in workplaces which employ young persons also cover issues such as overdue wages, working hours and the requirement of a written labour contract. The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including 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 violations detected and penalties applied involving children and young persons.

Conditions of employment. The Committee notes the FKTU’s observation that young persons working in workplaces with fewer than five workers are excluded from the protective provisions of the Labour Standards Act on minimum wage, statutory allowances, including for overtime work, night work, and work on holidays and weekly holidays. They often face unfair dismissal and treatment.

The Committee notes the Government’s information that according to section 69 of the revised Labour Standards Act, working hours for young persons between 15 and 18 years of age shall not exceed seven hours per day and 35 hours per week. The work-hours may be extended only for one more hour per day and five more hours per week by an agreement with the parties concerned. It also notes the Government’s indication that in order to protect workers from overdue wages, a one-stop window programme is being developed to help them receive such wages. Moreover, efforts are being made to strengthen the protection of labour conditions and enhance compliance of basic labour regulations through inspections. The Government further indicates that a Bill to improve the compliance of the minimum wage system, through punitive damages compensation is currently pending in the National Assembly. The Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that the conditions of employment for young persons under the age of 18 years, particularly as regards minimum wage and statutory allowances for overtime work, night work and work on holidays, are maintained at a satisfactory standard and that adequate safeguards are adopted to protect them from hazardous work. The Committee also requests the Government to provide information on any progress made with regard to the adoption of the Bill to improve the compliance of the minimum wage system.

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

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

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

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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.