Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 12(1) of the Constitution stipulates that no person may be punished, placed under preventive restrictions or subjected to involuntary labour except as provided by law and through lawful procedures. It also notes that section 6 of the Labour Standards Act of 1997 provides that an employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by other means which restrict their mental or physical freedom.

2. Sale and trafficking of children. The Committee notes that the Government provides no information in this regard. It notes however that section 288(1) of the Criminal Code provides that a person who kidnaps another by force or deception for the purpose of engaging in an indecent act or sexual intercourse, or for gain, is liable to be punished with imprisonment. Section 288(2) of the Criminal Code states that subsection (1) shall apply to a person who buys or sells a female for the purpose of prostitution. The Committee also notes that section 289(1) of the Criminal Code provides that a person who kidnaps another by force or deception or buys or sells another for the purpose of transporting the victim out of the Republic of Korea is liable to be punished with imprisonment. The Committee observes that section 288(2) only covers the trafficking of females (girls) for the purpose of sexual exploitation. Moreover, there is no specific legislation prohibiting child trafficking for the purpose of labour exploitation. The Committee draws the Government’s attention to Article 1 of the Convention which requires the Government to take measures to prohibit the worst forms of child labour immediately. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the trafficking of boys under the age of 18 years for purposes of sexual exploitation. It also requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 years for purposes of labour exploitation.

3. Recruitment of children for use in armed conflict. The Committee notes that the Government has provided no information regarding compulsory recruitment for use in armed conflict. The Committee notes, however, that article 39(1) of the Constitution requires its citizens to take part in the national defence under the conditions prescribed by law. The Committee notes the Government’s statement in its second periodic report submitted to the Committee on the Rights of the Child (CRC/C/70/Add.14, paragraph 38), that Korean men are liable for military service at the age of 19 after conscription screening under section 11 of the Military Service Act. By virtue of section 20 of the same Act, however, a person aged 17 or over who voluntarily applies for military service may be enlisted. The Committee therefore requests the Government to provide the text of the relevant legislation as well as information about the practice of recruitment into the armed forces.

Article 3. Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that, according to section 242 of the Criminal Code, a person who, for the purpose of gain, induces a minor female or such a female who has not been habitually immoral to engage in sexual intercourse is liable to be punished by imprisonment or a fine. The Committee notes that this provision only refers to girls. The Committee also notes that there appears to be no definition of the term "minor" under the Criminal Code. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of children under the age of 18 years, including boys, for prostitution. It also requests the Government to indicate the definition of the term "minor female" referred to in section 242 of the Criminal Code.

Moreover, the Committee notes that the Government, in its second periodic report submitted to the Committee on the Rights of the Child, refers to sections 4-6 of the Prevention of Prostitution Act as prohibiting prostitution, inducements to, or coercion of, prostitution, and to the Act on the Regulations of Amusement Business Affecting Public Morals as prohibiting prostitution and obscene acts (CRC/C/70/Add.14, paragraphs 228-229). The Committee observes that section 24 of the Juvenile Protection Act prohibits owners of (entertainment) establishments harmful to children from employing them (i.e. any person below 19 years according to the Act). It also notes that, under sections 2(5)(a) and 3(3)(1) of the Enforcement Decree of the Juvenile Protection Act, this means businesses in which sexual entertainments such as prostitution, physical contacts including massage, exposure of sexual organs and other similar acts, are provided. The Committee requests the Government to supply a copy of the relevant provisions of the Prevention of Prostitution Act, the Act on the Regulation of Amusement Business Affecting Public Morals and the Juvenile Protection Act.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes from the report submitted by the Government to the Committee on the Rights of the Child that the Child Welfare Act, under sections 18 and 34, provides that a person who makes children (below 18 years) perform obscene acts or induces them to do obscene acts is liable to be punished by imprisonment or a fine (CRC/C/70/Add.14, paragraph 231). The Committee requests the Government to supply a copy of the Child Welfare Act.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, according to section 198 of the Criminal Code, a person who manufactures, imports, or sells opium, morphine or its derivatives or who possesses it for the purpose of sale, is liable to be punished with imprisonment. It also notes that the Psychotropic Drugs Control Act contains a prohibition to hold, possess, use, manage, export, import, manufacture, sell, buy, or to act as an intermediate in the selling, buying, receiving, or giving, psychotropic drugs or to extract ingredients of psychotropic drugs from plants (sections 3, 4 and 5). According to section 42(2) of the Psychotropic Drugs Control Act, any person who sells, buys, gives, receives, prepares, administers, or delivers psychotropic drugs to or from a minor is liable to be punished with imprisonment. The Committee notes that this legislation does not specially establish offences related to the use, procuring, or offering of a child for the production and trafficking of drugs. The Committee reminds the Government of its obligation under Article 1 of the Convention to take immediate measures to prohibit this worst form of child labour. The Committee notes however that the Juvenile Protection Act, under section 2(4) provides a definition of the term "drugs harmful to juveniles" which include: alcoholic liquors; cigarettes; narcotics, psychotropic substances and hemp under the Narcotics Act and Psychotropic Drugs Control Act; hallucinogens; and other drugs that are mentally and physically dangerous to juveniles. The Committee requests the Government to indicate if this text contains provisions prohibiting the use of juveniles for the production and trafficking of drugs and, if so, to supply a copy of the relevant provisions. If it does not, the Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d). Work which by its nature, or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes the Government’s statement that it has strengthened the implementation of legal provisions to limit juveniles’ working hours, prohibiting them from working at night and during holidays, listing the jobs where they are not allowed to work, obligating employers to place juvenile certificates at workplaces, and permitting juveniles to sign employment contracts and claim wages. The Committee notes that section 63(1) of the Labour Standards Act (LSA) prohibits an employer from employing children under 18 years in workplaces that are hazardous or harmful to a child’s morality and health.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government, that section 63(3) of the LSA provides for the determination of prohibited occupations by Presidential Decree. Section 37 of the Enforcement Decree of the LSA requires that the types of work prohibited for persons under the age of 18 years be prescribed under section 63 of the LSA. The Committee notes with interest the list communicated by the Government in its report of types of work prohibited for minors. 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 years are not allowed to get licenses; 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 if any regulation has been issued by the Minister of Labour, and if so, to supply a copy of it.

Article 4, paragraphs 2 and 3. Identification of hazardous work and determination of the list of hazardous work. Examination and periodical revision of the list of the types of hazardous work. The Committee notes the information provided by the Government that the Industrial Safety and Health Policy Deliberations Committee, which consists of representatives of workers and employers, experts in the field, representatives of the academia and the Government, determines the types of jobs or industries that are hazardous, after collecting opinions of organizations involved and other interested parties. It notes that the Industrial Safety and Health Policy Deliberations Committee is comprised of 30 members including the chairperson (the Minister of Labour), and the members include one public official from each ministry, the President of the Republic of Korea’s Occupational Safety and Health Agency, persons who have experience and knowledge in industrial safety and health, representatives of workers and employers, and those who are recommended by NGOs and entrusted by the Minister of Labour. The Committee requests the Government to indicate the measures taken or envisaged to examine and revise periodically the list of types of hazardous work determined under Article 4, paragraph 1, of the Convention.

The Committee also notes the Government’s statement that consultations with the organizations of employers and workers have been held with the representatives of the organizations and members of the Industrial Safety and Health Policy Deliberations Committee.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that 46 regional labour offices under the Ministry of Labour provide guidance and inspection. They have labour inspection dedicated to inspection of child labour in their division. The Committee notes the information provided by the Government that these inspectors carry out publicity and activities of an educational nature. The Committee also notes that section 104 of the LSA provides that the Ministry of Labour and its subordinate offices shall have a labour inspector to ensure the standards of the conditions of employment. Section 105(1) states that labour inspectors have the authority to, among other things, inspect a workplace, request presentation of books and documents, and question employers and workers. The Committee also notes that, by virtue of section 105(5) of the LSA, labour inspectors have the authority of police officials with regard to violations of the LSA or other laws or decrees pertaining to labour affairs. The Committee notes the Government’s statement that between the years 1985 and 2002, the Ministry of Labour conducted six labour inspections on workplaces hiring juveniles. In 2003, the Ministry checked the situation of juveniles working part time and conducted labour inspection in workplaces where juveniles can easily find jobs. In this regard, the Committee further notes that, in its Second Periodic Report to the Committee on the Rights of the Child, the Government reports that in 1997, 3,300 child labourers in 779 establishments were inspected and 207 cases were identified and corrected (CRC/C/70/Add.14, paragraph 224). The Committee also notes the Government’s indication that, since the application of the LSA was expanded to cover all workplaces form 1 January 1999, and as the current number of inspectors is insufficient to cover all the employers and workplaces, a new computerized labour inspection service, in particular on the workplace digitalization system was launched in January 2003 in order to promote the efficiency of the work of inspectors. The Committee accordingly requests the Government to provide additional information on this new system of inspection service and to supply an evaluation on the progress achieved in terms of the promotion of efficient inspection activities. It also requests the Government to provide information on the functioning of any other mechanism established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons. It also requests the Government to indicate the consultations which have been held with the employers’ and workers’ organizations.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s statement that the Ministry of Labour plans to strengthen the publicity activities to raise awareness of the importance of protecting juvenile workers, and reinforce vocational guidance education to juveniles through audio/video materials and guidebooks. It also notes that job security centres under regional labour officers will identify part-time jobs for juveniles, place those jobs for juveniles and provide part-time information so that juveniles can have various opportunities to have sound part-time jobs. The Committee further notes that in 2001, the Comprehensive Plan for Child Protection and Rearing (under the eighth Five-year Social and Economic Development Plan for 1998-2002) was formulated by the relevant authorities in charge of child-related issues under the leadership of the Prime Minister. This Plan devises 48 measures in the five areas for child protection and rearing, namely, the enhancement of children’s rights, improvement of the health and welfare of children, strengthening of children’s safety, protection of children from harmful environments, and support for the sound rearing of children (Written replies to the List of Issues Raised by the Committee on the Rights of the Child, CRC/C/Q/REPKO/2, page 18). The Committee notes moreover that the Government developed and distributed 65,000 pamphlets entitled "A labour standards guidebook for minors," explaining why and how minor workers should be protected. The Committee requests the Government to communicate further information on programmes of action regarding the worst forms of child labour envisaged or under implementation, as well as information on their functioning and the results obtained. The Committee notes the Government’s statement that, when establishing and implementing related policies, the Government consults with workers’ and employers’ organizations and other related organizations in advance to collect their opinions.

Article 7, paragraph 1. Penalties. The Committee notes that section 242 of the Criminal Code provides that a person who, for the purpose of gain, induces a minor female to engage in sexual intercourse shall be punished by penal servitude for not more than three years or to a fine not exceeding 15,000 won. It also notes that section 288(1) provides that a person, who kidnaps another for the purpose of engaging in an indecent act or sexual intercourse or for gain, shall be punished with imprisonment for not less than one year. By virtue of section 289(1) of the Criminal Code, a person who kidnaps another or buys or sells another for the purpose of transporting him out of the Republic of Korea shall be punished with imprisonment for not less than three years. Moreover, the Committee notes that sections 18 and 34 of the Child Welfare Act provide that a person who makes children perform obscene acts or induces them to do obscene acts shall be punished by penal servitude for not more than ten years or by a fine not exceeding 50 million won. In addition, section 112 of the LSA provides that any person who violates the provisions of section 63 (i.e. prohibition on the employment of minors below 18 years on work detrimental to their health and morals), or of section 70 (i.e. prohibition of work inside a pit) is punishable by imprisonment for not less than three years or a fine not exceeding 20 million won. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the measures taken to: (d) identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. The Committee notes the Government’s statement that, when enacting the LSA in 1953, the Government made efforts to protect juvenile workers by including provisions to specifically protect them, for example by designating work harmful for juveniles and limiting working hours so that work does not hinder mandatory education. It further notes the information provided by the Government, according to which it annually monitors workplaces hiring juvenile workers to obligate employers to observe labour laws related to working conditions, and it takes administrative measures vis-à-vis employers who violate the laws so as to protect juvenile workers. The Committee requests the Government to continue providing information concerning the measures taken or envisaged to prevent the engagement of children in the worst forms of child labour.

2. The Committee notes the information provided by the Government, according to which the goal of ensuring equal opportunities for education is achieved by obliging all persons to send their children to school. The Committee notes that, since 2002, the Government provides mandatory education for middle-school students (up to 15 years old) throughout the country. The Committee notes from the Written Replies to the List of Issues raised by the Committee on the Rights of the Child (CRC/C/Q/REPKO/2, page 3) that the Social Welfare and Support Programmes for Families provides free meal plans for children of low-income households and tuition fee assistance for the secondary education of children of low-income or single-parent households. It also notes that, in order to prevent juvenile workers from being discriminated at workplaces due to low education levels and skills, the Government makes efforts to foster skilled juvenile workers through vocational training and to provide them with education by establishing night schools or encouraging companies to run schools for their juvenile workers. The Committee requests the Government to provide information on the implementation of the abovementioned educational programmes, as well as results achieved.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s statement that, at present, the worst forms of child labour are not to be found in the Republic of Korea. The Government states that there are no official statistics on the number of juvenile workers between the ages of 15 and 18. The Committee notes, however, from the Written Replies to the List of Issues raised by the Committee on the Rights of the Child made by the Government (CRC/C/Q/REPKO/2, page 11), based on the Supreme Public Prosecutor’s Office data, that there were 65 children engaged in prostitution in 1999, 55 in 2000 and 41 in 2001. Moreover, the Committee notes that in 2001, more than 1,000 children were involved in the sex trade, including nine under 12 years, 142 between 13 and 14 years, and 511 between 15 and 16 years. The Committee further notes that, in its concluding observations, the Committee on the Rights of the Child welcomed the enactment of the Juvenile Protection Act, 2000, which aims to penalize those purchasing sexual services from children. The Committee on the Rights of the Child expressed concern however that this Act was not being implemented effectively, and that there was limited data available on the prevalence of child sexual exploitation. It was also concerned at reports of the widespread phenomenon of "wonjokyuje" in which adolescent girls engage in sexual relationship with older men for money. The Committee on the Rights of the Child recommended the State party to develop a National Plan of Action on the Commercial Sexual Exploitation of Children, which includes measures for effective data collection, training law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner; providing appropriate recovery and reintegration programmes for victims of sexual abuse; and developing preventive measures that target those soliciting and providing sexual services (CRC/C/15/Add.197, paragraphs 54 and 55). The Committee requests the Government to provide information on the implementation of the Juvenile Protection Act in practice, and on the measures taken or envisaged to comply with the recommendations of the Committee on the Rights of the Child. It also requests the Government to provide information on the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of children under 18 years from commercial sexual exploitation, and for their rehabilitation and social integration, pursuant to Article 7, paragraph 2(b), of the Convention.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that the Minister of Labour is the designated authority, and that regular inspections are carried out on a daily basis. It asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s report contains no information on this point. It notes however that the Republic of Korea is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1991, and signed in 2000 the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, and the Optional Protocol on the Involvement of Children in Armed Conflict. The Committee asks the Government to provide further concrete information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Part III of the report form. The Committee notes the Government’s statement that there is no court decision relating to the application of the Convention. The Committee therefore requests the Government to continue providing information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply a copy of the text of these decisions.

Parts IV and V. The Committee notes the information provided by the Government, according to which in the process of the Republic of Korea’s economic growth, industrialization began in 1962 when the first five-year plan for economic development was launched. In this period a number of simple and low-wage workers increased, as did the number of juvenile workers. The Committee notes that the Government set up and implemented special protection measures and improved working conditions for juvenile workers. With economic growth, the country expanded mandatory education, and the number of juvenile workers reduced considerably as a result. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the Republic of Korea, and to indicate any practical difficulties or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee requests, moreover, the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.