Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s first report including the legislative texts attached. The Committee also notes the comments by the Korea Confederation of Trade Unions (KCTU) dated 27 August 2010 and the Government’s response thereto submitted on 28 October 2010. 

Article 1(a) of the Convention. Definition of the term “national policy”. Article 4(2)(b). The functions and responsibilities of the Government in respect of occupational safety and health. The Committee notes the reference made by the Government to, inter alia, sections 4–6 of the Occupational Safety and Health Act (No. 4220 of 13 January 1990 as amended until 4 June 2010) (OSH Act) detailing the respective roles of the Government, the employers, workers and other interested parties in relation to OSH. The Committee also notes that, according to the KCTU, the Government is engaged in a process to devolve its OSH management and supervisory functions to local governments and that this process is being carried out without consultation with the representative organizations of workers and employers. The Committee notes that, in response, the Government confirms that, in March 2010, the Presidential Commission for Decentralization decided to transfer part of the OSH duties of the Ministry of Employment and Labour to local governments, that this decision will be confirmed when the revision of relevant laws and regulations is completed, and the consultations will be held with representative organizations of workers and employers on the proposed legislation. The Committee requests the Government to provide further information on the comments by the KCTU on the redistribution of OSH functions of governmental authorities and on the modalities for cooperation between different authorities in order to maintain a coherent national policy in accordance with the principles of Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155).  

Article 4(2)(c). Mechanisms for ensuring compliance. The Committee notes the information provided that the Ministry of Employment and Labour takes overall responsibility for the administration of OSH-related inspection, and labour inspectors who are in charge of OSH in regional and district labour offices carry out such inspection. A labour inspector, if necessary, has a right to enter a workplace, to question a concerned person, to examine books, documents and other things, to conduct a safety and health inspection, and to collect raw materials or equipment to the extent necessary for the examination without compensation, in order to see if the workplace complies with the OSH Act and other national laws and regulations. The Committee also notes the comments made by the KCTU concerning the application of this Article, as well as on Convention No. 155, and which are examined in the context of the latter. With reference to its observation concerning the application of Article 9 of Convention No. 155, the Committee requests the Government to continue to provide information on the functioning of and efforts to maintain, progressively develop and periodically review its labour inspection system.

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