Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Wage Fixing Convention, 1970 (No. 131) - Republic of Korea (Ratification: 2001)

The Committee notes with interest the Government’s first report and the attached documentation.

Article 1, paragraphs 2 and 3, of the Convention. The Committee notes that, according to section 3(1) of the Minimum Wage Act No. 3927 of 31 December 1986 as amended, this Act does not apply to any business using only relatives living together and to those hired for household work. Moreover, under section 3 of Presidential Decree No. 12207 of 1 July 1987 on the enforcement of the Minimum Wage Act, businesses which ordinarily employ four workers or less are also excluded from the scope of application of the Minimum Wage Act. The Committee requests the Government to specify the reasons for such exclusions and also to indicate whether the representative organizations of employers and workers concerned have been in agreement, or have been fully consulted, in this respect. The Committee also asks the Government to provide, in its next report, supplementary information on the approximate number of workers who are currently left outside the coverage of the Minimum Wage Act and on the manner in which minimum wage rates are fixed for domestic workers and workers of small enterprises employing four persons or less.

Article 2, paragraph 1. The Committee notes that, by virtue of section 5(2) of the Minimum Wage Act and section 3 of the above referenced Presidential Decree, young workers under 18 years of age and whose employment period does not exceed six months may be remunerated at a minimum hourly rate which is 10 per cent lower than the minimum hourly rate applicable to adult workers. The Committee also notes that under section 7 of the Minimum Wage Act and section 6 of the Presidential Decree, the principle of the binding force of minimum wages does not apply to mentally or physically handicapped workers, workers on probation, or workers undergoing vocational training. In this connection, the Committee recalls that, although the Convention does not prohibit the possibility of fixing different minimum wage rates on the basis of criteria such as age or disability, special attention should be given to the principle of equal remuneration for work of equal value, bearing in mind that the quantity and quality of work carried out should be the decisive factors in determining the wage paid.

Article 5 and Part V of the report form. The Committee notes the statistical information concerning the number of workers covered by the minimum wage and the minimum hourly, daily and monthly wage rates currently in force. The Committee would appreciate receiving additional information on the application of the Convention in practice, including for instance: (i) extracts from reports of inspection services indicating the number of visits and the results obtained (e.g., infringements observed and sanctions imposed) with regard to the matters dealt with in the Convention; (ii) copies of official surveys and studies on minimum wage issues, such as the annual surveys on workers’ living expenses and wage conditions undertaken by the Minimum Wage Council, pursuant to section 23 of the Minimum Wage Act; (iii) available statistics on the evolution of the minimum wage and on the number and different categories of workers covered by minimum wage legislation; and (iv) the classification of professional categories established for the purpose of determining minimum wage rates, as well as any other particulars bearing on the operation of the minimum wage fixing machinery.