Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that, according to section 62(1) of the Labour Standards Act (LSA) of 1997, as amended on 14 August 2001, a person under the age of 15 shall not be employed as a worker. It had noted that, under section 10(1) of the LSA, the Act shall not apply to any business or workplace which employs only relatives living together and those who are hired for domestic work. The Committee notes the Government’s information that the LSA applies to the employer’s family members only if they have a labour contract like other workers who are not the employer’s relatives living together, and if they work to earn wages. However, in case businesses employ only relatives living together as their workers, these businesses are excluded from the application of the LSA, since the State intervention in such a private relationship may infringe the freedom of private life. The Committee also notes the Government’s statement that it will be considering in the long term whether to include these businesses in the scope of application of the LSA in future. Noting that the Government did not, at the time of ratification, avail itself of the possibility to exclude limited categories of employment in accordance with Article 4, paragraph 1, of the Convention, the Committee once again reminds the Government that the Convention applies not only to work performed under an employment contract, but to all types of work or employment, including family and domestic work. The Committee accordingly requests the Government to keep it informed of measures taken or envisaged to ensure that children performing work as members of a family and performing domestic work, pursuant to section 10(1) of the LSA, benefit from the protection laid down in the Convention.

Article 3, paragraph 3. Exception to the age of 18 years for admission to hazardous work. The Committee had previously noted that section 70 of the LSA prohibits a minor under the age of 18 to do any work inside a pit provided, however, this shall not apply when the work is temporarily needed to perform the business as determined by Presidential Decree, such as health, medicine, news reports, news coverage, etc. The Committee notes the Government’s information that section 39 of the Enforcement Decree of the LSA states that types of work for which women and persons under the age of 18 may be placed temporarily inside a pit under section 70 of the Act are the following: (1) health, medical and welfare work; (2) news reporting and gathering to produce newspapers, publications and broadcast programs; (3) investigation for academic research; (4) management and supervision work; and (5) practical training works performed on the fields related to work under subparagraphs 1 to 4. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that health, safety and morals of children between 16 to 18 years of age performing temporary work in a pit according to section 39 of the Enforcement Decree of the LSA are fully protected and that those children have received adequate specific instruction or vocational training in the relevant branch of activity in conformity with Article 3, paragraph 3, of the Convention.

Article 7, paragraph 1. Light work. The Committee had previously noted that section 62(1) of the LSA prohibits the employment as a worker of a person under 15 years of age. It had noted, however, that the same provision authorizes such employment provided that the Minister of Labour, in accordance with the criteria determined by Presidential Decree, issues an employment permit. The Committee had noted that, under section 55(11) of the Enforcement Decree of the LSA, the Minister of Labour shall delegate the authority related to the issuing of employment permits for persons under 15 years of age to the director of the district labour agency. The Committee notes that the Government has provided a copy of the Enforcement Decree of the LSA of 1997. It notes that section 31 of this Decree states that persons who may obtain the certificate for employment permit under section 62 of the LSA, shall be aged 13 or older, but not over 15 years, provided that those under 13 years of age intend to participate in an art performance. Section 31(2) and (3) of the Decree establish that persons who intend to obtain the certificate shall file an application with the Minister of Labour and under the conditions fixed by the Ordinance of the Ministry of Labour. The application must be jointly signed by the school principal (limited to those entitled to compulsory education and those attending school), or by the person with parental authority or guardian, and by the prospective employer. The Committee takes due note of this information.

The Committee had previously noted that section 50 of the Work Guidelines for Labour Inspectors (WGLI) sets out the requirements for the issuance of employment certificates, namely: (1) the work will be light work nor detrimental to the health or morals of the worker concerned; (2) the work will not be deemed to cause danger or harm the life, health or welfare of the worker concerned; (3) the working hours will not impede classes the worker concerned attends; and (4) the certificate will have agreements and opinions of a principal, a person with parental authority, or a guardian. Noting that the WGLI was not sent with the Government’s report, the Committee once again requests it to provide a copy of the WGLI.

Article 9, paragraph 1. Penalties. The Committee takes due note of the Government’s information that in 2002 a survey was conducted in order to assess the comprehensive status of juveniles (i.e. a person under 19 years of age according to section 2(1) of the Youth Protection Act) in contact with harmful environments. The Committee asks the Government to provide information on the results of the abovementioned survey.

Article 9, paragraph 3. Keeping of registers. The Committee had previously noted that, according to section 64 of the LSA, for each person working under 18 years of age, the employer is required to keep at each workplace a copy of the census register testifying to his/her age. It had also noted that, according to section 40(1) of the LSA, an employer shall prepare a register of workers by workplace including name, birth date, personal history and other items relating to workers as provided for by the Presidential Decree. Section 15 of the Enforcement Decree of the LSA provides for exhaustive information to be mentioned in a worker register, under the conditions prescribed by the Ordinance of the Ministry of Labour. However, the Committee notes that the model of the worker register submitted by the Government, along with its report, does not contain any space indicating the age or date of birth of the workers employed. Therefore, in conformity with Article 9, paragraph 3, of the Convention, the Committee requests the Government to take the necessary measures to ensure that the registers that are kept pursuant to section 40(1) of the LSA and section 15 of the Enforcement Decree of the LSA contain the ages and dates of birth, duly certified, wherever possible, of persons who are less than 18 years of age.

Part V of the report form. The Committee notes that the Government has supplied statistics on the employment of children and young persons and inspections and cases reported. In particular, it notes that, according to the economically active population survey of 2004, 258 persons between 15 and 19 years were employed. This survey also reveals that in 2004, on a base of 1,981 people aged 15-19 years, 18 persons (0.9 per cent) were found working in agriculture, forestry and fishery; 400 (20.2 per cent) in mining and manufacturing; 1,563 (78.9 per cent) in social overhead capitals. The Committee notes that the Government has also supplied an analysis of the results of guidance and inspection of workplaces’ compliance with required working conditions for young people, as well as a report of the current status of handling of reported cases of violations of working conditions for young people. The Committee notes that, according to the data of 2004, out of 1,241 inspected workplaces, 727 were found violating the legislation on the employment of minors (for a total of 1,485 violations), and in particular: eight workplaces violating provisions on minimum age and employment certificate (section 62 of the LSA) and 354 workplaces violating provisions on the requirement for an employer to keep a certificate of workers under 18 employed by him/her (section 64 of the LSA). The Committee also observes that in 2004 a total of 309 cases have been handled involving minors. The Committee asks the Government to continue providing information on the application of the Convention in practice, including the number and nature of contraventions reported and penalties imposed, as well as statistics on the number of children in the age bracket of 15 to 18 years and those under the age of 15 years exercising an economic activity.