Country profile KOR
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 1997 | C138 & C182 | Labour Standards Act - Articles 63(3), 65 | [{"link_name":"-Labour Standards Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/46401/KOR46401.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:2251982"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | According to Article 65 of the Labour Standards Act, employers shall not assign persons under 18 to work that is harmful to their health or morality. Article 63(3) allows the determination of prohibited occupations by Presidential Decree. Article 37 of the Enforcement Decree provides that the prohibited types of work for persons under 18 are prescribed under the authority of Article 63. According to the CEACR Direct Request (2005) under Convention C182, the list includes: work involving exposure to 2-bromopropane; high-pressure environments or diving; certain brewery and oil-related work (excluding fuel filling); incineration and butchery; work in prisons or mental hospitals; prohibited driving or machinery operation; and any other work designated by the Minister of Labour after consultation with the Industrial Safety and Health Policy Deliberation Committee. This constitutes a national list of hazardous activities prohibited for children, in accordance with the Convention. |
| Minimum age for hazardous work | 1997 | C138 & C182 | Labour Standards Act - Article 65 | [{"link_name":"Labour Standards Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/46401/KOR46401.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | The Republic of Korea prohibits the employment of minors under the age of 18 in work that is detrimental to their morality or health. Article 65 of the Labour Standards Act stipulates that employers shall not assign persons under 18 years of age to work that is harmful to their health or morality. The specific types of hazardous work prohibited for minors are detailed in the Enforcement Decree of the Labour Standards Act. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2000 | C182 | Juvenile Protection Act - Articles 2 (5), 24(1), 50 (2) | [{"link_name":"-Juvenile Protection Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/86767/KOR86767%20English.pdf"},{"link_name":"-CEACR Direct Request","source_link":"https://www.ilo.org/normlex-permalink/comment/en/2700645"}] | No | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | According to the CEACR DR on C182, the Republic of Korea does not have a provision that specifically prohibits the use, procuring, or offering of children for illicit activities, including drug production or trafficking. However, under Article 24(1) of the Juvenile Protection Act, establishments harmful to juveniles—including those engaged in the manufacture, production or distribution of drugs—are prohibited from employing minors. Article 2(5) defines such establishments, and Article 50(2) establishes penalties of up to three years' imprisonment or a fine of up to 20 million KRW for violations. While these provisions provide indirect protection, they do not amount to a direct legal prohibition of the use of children in illicit activities as required under Article 3(c) of Convention C182. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2000 | C182 | Act on the Protection of Children and Youth against Sex Offenses - Articles 11, 13, 14 | [{"link_name":"Act on the Protection of Children and Youth against Sex Offenses","source_link":"https://elaw.klri.re.kr/eng_service/lawView.do?hseq=62648&lang=ENG"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | The Republic of Korea explicitly prohibits the use, procuring, or offering of children under 18 for prostitution and the production of pornography. Article 11 criminalises the production, distribution, and possession of child or youth sexual exploitation materials, prescribing severe penalties. Article 13 penalises the act of purchasing sex from a child or youth, while Article 14 addresses coercive conduct, including compelling a child or youth into prostitution through threats, deception, or abuse of power. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1949 | C182 | Military Service Act - Article 8 | [{"link_name":"Military Service Act","source_link":"https://elaw.klri.re.kr/eng_service/lawView.do?hseq=56344&lang=ENG&utm_source=chatgpt.com"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | The Republic of Korea prohibits the forced or compulsory recruitment of children under 18 into the armed forces. The Military Service Act stipulates that compulsory military service applies to male citizens from the age of 18. In practice, conscription procedures, including physical examinations and enlistment, commence at age 19. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2009 ; 2003 (amended in 2022) | C182 | Act on the Protection of Children and Youth against Sex Offenses - Article 12 ; Act on Prevention of Human Trafficking and Protection of Victims - Article 2 | [{"link_name":"-Act on the Protection of Children and Youth against Sex Offenses","source_link":"https://elaw.klri.re.kr/eng_service/lawView.do?hseq=62648&lang=ENG"},{"link_name":"-Act on Prevention of Human Trafficking and Protection of Victims","source_link":"https://elaw.klri.re.kr/kor_mobile/viewer.do?hseq=61852&type=sogan&key=11"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | The Republic of Korea explicitly prohibits the sale and trafficking of children for sexual and labour exploitation. Article 12 of the Act on the Protection of Children and Youth against Sex Offenses criminalises the buying, selling, or sending of a child or youth abroad, or bringing them into Korea, for the purpose of sexual exploitation. Additionally, Article 2 of the Act on Prevention of Human Trafficking and Protection of Victims defines "human trafficking" to include the recruitment, transportation, transfer, harbouring, handover, or receipt of children for the purpose of sexual or labour exploitation, organ removal, or other forms of exploitation, regardless of the means used. |
| Minimum age for admission to apprenticeship | 2023 | C138 | CEACR Observation, C138, 2023 | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/normlex-permalink/comment/en/4342254"}] | 16 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | According to the CEACR Observation (C138, 2023), the Republic of Korea allows apprenticeships through the On-the-Job Training (OJT) and Work-Study Combination (WSC) systems for students aged 16–18. These programmes are governed by the Vocational Education and Training Promotion Act and the WSC Act and are considered part of formal vocational education. Therefore, the minimum age for apprenticeships is effectively 16 years |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1997 | C138 | Labour Standards Act - Article 64 | [{"link_name":"-Labour Standards Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/46401/KOR46401.pdf"},{"link_name":"-Education System Overview","source_link":"https://english.moe.go.kr/sub/infoRenewal.do?m=0301&page=0301&s=english"}] | Yes | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 64 of the Labour Standards Act prohibits the employment of minors under the age of 15. An exception is made for those who have completed compulsory education and obtained an employment permit certificate. Compulsory education in the Republic of Korea consists of 6 years of elementary school and 3 years of middle school, typically completed by age 15. Therefore, the minimum age for admission to work aligns with the age of completion of compulsory schooling, in accordance with Article 2(3) of ILO Convention C138. |
| Light work - Determination of types and conditions of activities | 1997 ; 2021-11-19 | C138 | Labour Standards Act - Article 64 ; Enforcement Decree of the Labour Standards Act - Article 35 | [{"link_name":"-Labour Standards Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/46401/KOR46401.pdf"},{"link_name":"-Enforcement Decree of the Labour Standards Act","source_link":"https://law.go.kr/lsInfoP.do?lsiSeq=236819&chrClsCd=010203&urlMode=engLsInfoR&viewCls=engLsInfoR#0000"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | While Article 64 of the Labour Standards Act and Article 35 of its Enforcement Decree permit the employment of children under 15 under specific conditions (with a permit and without interference in education), the Republic of Korea has not adopted a formal list defining the types of light work, permissible activities, or working conditions. |
| Minimum age for light work | 1997 ; 2021-11-19 | C138 | Labour Standards Act 6 - Article 64 ; Enforcement Decree of the Labour Standards Act - Article 35 | [{"link_name":"-Labour Standards Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/46401/KOR46401.pdf"},{"link_name":"-Enforcement Decree of the Labour Standards Act","source_link":"https://law.go.kr/lsInfoP.do?lsiSeq=236819&chrClsCd=010203&urlMode=engLsInfoR&viewCls=engLsInfoR#0000"}] | 13 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | The Labour Standards Act prohibits the employment of persons under the age of 15. However, the Enforcement Decree allows minors aged 13 or older but under 15 to obtain an employment permit certificate from the Minister of Employment and Labour, provided the work does not interfere with compulsory education. |
| Minimum age for admission to work | 1997 | C138 | Labour Standards Act - Article 64 | [{"link_name":"Labour Standards Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/46401/KOR46401.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Under Article 64 of the Labour Standards Act, the minimum legal age for employment in the Republic of Korea is 15. However, children aged 13 to 15 may be employed if they obtain an employment permit from the Minister of Employment and Labour, provided that the work does not interfere with their compulsory education. Employers are required to retain documentation verifying the minor's age and written consent from a parent or guardian. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 29-MAR-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 28-JAN-1999 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Mandated by the Act on the Prevention of Human Trafficking and Protection of Victims (effective January 1, 2023), this plan requires the formulation of a comprehensive strategy every five years. The plan encompasses measures for prevention, victim protection and support, system improvements, and inter-agency coordination. It is developed through collaboration among relevant ministries and is overseen by the Council for Policy Coordination on Prevention of Human Trafficking. | [{"link_name":"Comprehensive Plan for the Prevention of Human Trafficking and Protection of Victims","source_link":"https://www.ilo.org/resource/other/republic-korea-country-baseline-under-ilo-declaration-annual-review-2023"}] | 2023-2027 | Comprehensive Plan for the Prevention of Human Trafficking and Protection of Victims | Ministry of Gender Equality and Family |
| This comprehensive plan outlines South Korea's strategies to enhance human rights domestically, including aspects related to child protection and labor rights. It includes objectives and tasks across various areas such as prevention, participation, protection, and relief and recovery, aiming to institutionalize and coordinate policies that promote human rights. | [{"link_name":"Third National Action Plan for the Promotion and Protection of Human Rights","source_link":"https://globalnaps.org/wp-content/uploads/2024/01/NAP-South-Korea-chapter-in-3rd-HR-NAP-2018-2022-English.pdf?utm_source=chatgpt.com"}] | 2018–2022 | Third National Action Plan for the Promotion and Protection of Human Rights (2018–2022) | Ministry of Justice |