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

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

Other comments on C138

Observation

2023

Direct Request

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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.

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.