Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that the Toxic Substance Control Act (TBSA) prohibits the employment of juveniles in businesses dealing with the manufacture, production and distribution of toxic substances. The Committee observed that the provisions in the TBSA appeared to pertain only to a legal business relationship. It asked the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities such as the production and trafficking of drugs, and requested a copy of the TBSA.

The Committee notes the information in the Government’s report that, pursuant to the Act on the Control of Narcotics, a person who imports or exports, manufactures, trades, or assists in the trade of narcotics (or who possesses narcotics for these purposes) is punished by imprisonment for five years to life. The Committee also notes that it is possible to obtain permission for the handling of narcotics (such as for the purpose of academic research), though pursuant to section 6(3)(i), a minor may not be granted a license for this purpose. However, it does not appear that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties, is specifically prohibited by the relevant Korean legislation. The Committee recalls that, by virtue of Article 3(c) of the Convention, such an activity is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Article 7, paragraph 1. Penalties. The Committee notes the information in the concluding observations of 2 July 2008 of the Committee of the Rights of the Child (CRC) on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC OP-SC) that an initiative called a “John School” has been introduced in Korea, whereby “men who have used a child for prostitution or are suspected of having done so are sentenced to undergo a mandatory rehabilitation programme.” The CRC expressed concern by the fact that perpetrators are exempt from a criminal sentence if they participate in the programme, and that this may weaken the deterrent effects of the existing law which criminalizes solicitation of prostitutes, particularly of child victims of prostitution (CRC/C/OPSC/KOR/CO/1, paragraph 24). The Committee also expresses its concern and recalls that, by virtue of Article 7(1) of the Convention, the Government shall take all necessary measures to ensure the effective implementation of the provisions giving effect to the Convention, including the provision and application of dissuasive criminal penalties. The Committee accordingly requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the infringement of the prohibition on using, procuring or offering of a child under 18 for prostitution.

Article 7, paragraph 2. Clause (a). Effective and time-bound measures. Prevent the engagement of children in the worst forms of child labour. Labour Standards Act. In its previous comments, the Committee noted the Government’s indication that the revisions to the Labour Standards Act (LSA) contained measures requiring employers of minor workers to pay wages not less than the minimum wage, limit working hours, apply for authorization in case of having minors work at night, and provide premium wages. The Committee also noted that the revisions expand the scope of those prohibited from being employed from those under the age of 15 to “those under the age of 18 attending middle school under the Elementary and Secondary Education Act”. The Committee requested a copy of this legislation.

The Committee notes with interest that pursuant to section 64(1) of the LSA, as amended in 2008, a person under the age of 15 (including those under the age of 18 who are attending middle school pursuant to the Elementary and Secondary Education Act) shall not be employed, with the exception of a person with an employment permit issued by the Minister of Labour. Pursuant to section 64(2), this permit is only issued if the employment will not impede the minor’s compulsory education. The Committee also notes that section 69 of the LSA limits the number of hours a person aged 15–18 can work, and that section 70 of the LSA prohibits employing a person under 18 between 10 pm and 6 am, as well as on holidays, without permission from the Minister of Labour.

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 information in the Government’s written reply of 25 April 2008 to the list of issues of the CRC, in connection with the consideration of its report on the CRC OP-SC, that it provides rehabilitation programmes for child victims of commercial sexual exploitation. These programmes include vocational training and education aimed at providing preparation for further education, as well as therapeutic, medical and legal services. The Committee also notes that services were provided to 4,409 children in 2005, 5,708 children in 2006 and 3,192 in children in 2007.
The Committee further notes the Government’s indication that these programmes
are operating successfully; of the children who have received services,
79.8 per cent of the children have returned home and 88.1 per cent have successfully reintegrated into schools or have found employment (CRC/C/OPSC/KOR/Q/1/Add.1, paragraphs 13-14).

Parts III and V of the report form. Court decisions and practical application of the Convention. The Committee notes the statistical information provided in the Government’s report on the application of penalties concerning the kidnapping and trading of minors. The Committee notes that in 2007, 130 persons were reported for kidnapping of a minor, pursuant to section 287 of the Criminal Act. The Committee notes that 125 persons were punished, and 16 persons were brought to a public trial. The Committee also notes that six persons were reported for the trading of juveniles, pursuant to section 9 of the Juvenile Protection Law Against Sexual Exploitation. The Committee notes that six persons were punished, and one person brought to public trial.

The Committee notes the information in the Government’s information in its written reply of 25 April 2008 to the list of issues of the CRC, in connection with the consideration of its report on CRC OP-SC, that in 2007, there were 1,246 reported cases of child prostitution, and 1,215 cases regarding child prostitution were processed. The Committee also notes the Government’s indication in this report that the number of person arrested for offences involving child prostitution is on the decrease, from 1,946 persons arrested in 2005, to 1,745 persons arrested in 2006, and 1, 173 persons arrested in 2007. The Committee further notes that, of the 1,173 persons arrested in 2007, only 63 were prosecuted (CRC/C/OPSC/KOR/Q/1/Add.1, paragraph 3).

The Committee notes that the CRC, in its concluding observations on the OP‑SC of 2 July 2008, expressed concern about the weak enforcement of legislation relating to offences referred to in the OP-SC, in particular, the prosecution and punishment of those responsible for acts involving the sale of children, child prostitution and child pornography (CRC/C/OPSC/KOR/CO/1, paragraph 32). The CRC recommended that the Government ensure effective and prompt investigation, prosecution and conviction of all crimes referred to in the OP-SC (CRC/C/OPSC/KOR/CO/1, paragraph 33). The Committee therefore urges the Government to redouble its efforts to ensure in practice the protection of children under 18 years of age against trafficking and commercial sexual exploitation, particularly in regard to the prosecution and punishment of offenders. In this respect, the Committee requests the Government to continue to provide information on the application of the provisions of the Criminal Act and the Juvenile Protection Law Against Sexual Exploitation which prohibit the trafficking and commercial sexual exploitation of children, by providing, in particular, statistics on convictions and the penal sanctions imposed. Furthermore, taking into account the information that investigations are conducted and individuals are prosecuted, the Committee requests the Government to provide copies of court decisions handed down by virtue of these provisions. Finally, it requests the Government to continue to provide statistics and 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 and the number and nature of infringements reported.