Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Labour Inspection Convention, 1947 (No. 81) - Republic of Korea (Ratification: 1992)

The Committee notes the information contained in the Government's reports. It requests the Government to provide further information and clarification on the points raised below.

1. Article 3, paragraph 1(b) and (c). The Committee notes that the Government's report does not explicitly provide information on the inspector's functions of information, advice and notification of defects or abuses not specifically covered by existing legal provisions. It requests the Government to provide such details in its next report.

2. Articles 10 and 16. The Committee notes that the total number of labour inspectors has increased from 865 in 1994 (580 general inspectors; 285 safety and health inspectors) to 935 in 1997 (646 general inspectors; 289 safety and health inspectors). The Committee notes however that the Government has provided no information as concerns the number of workplaces liable to inspection and the number of workers employed therein.

In this regard the Committee has taken note of available information contained in the 1997 Labour White Paper according to which the number of workplaces liable to inspection was 202,095 in 1997, the number of workers employed in such workplaces being 6,342,071. The Committee notes in this connection that while certain provisions of the Labour Standards Act (1953 as amended) do not apply to businesses or workplaces employing four or fewer workers, articles 104 to 109 (Chapter XI) on labour inspectors will apply as from 1 January 1999 to such businesses and workplaces by virtue of Presidential decree of 24 February 1998 (table 1). The number of workplaces liable to inspection and of workers employed in such workplaces is thus likely to increase in future.

Noting that the Government's report does not address the question of the adequacy of the number of labour inspectors, the Committee requests the Government to provide in its next report detailed information as to whether it considers the number of 935 labour inspectors as sufficient to secure the effective discharge of the duties of the labour inspectorate in order to ensure that in accordance with Article 16 of the Convention workplaces are inspected as often and as thoroughly as necessary to ensure the effective application of the legal provisions, and on any measures taken or envisaged to improve the situation, if necessary.

3. Article 12, paragraph 1(a), (b) and paragraph 2. The Committee notes that according to article 105(1), (3) and (4) of the Labour Standards Act and related regulations labour inspectors should present a letter of order before performing their duties. Referring also to paragraphs 157 to 168 of its 1985 General Survey on labour inspection, the Committee requests the Government to provide information on whether labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection (Article 12, paragraph 1(a)); to enter by day any premises which they may have reasonable cause to believe to be liable to inspection (Article 12, paragraph 1 (b)); and to refrain from notifying their presence, if they consider that such notification may be prejudicial to the performance of their duties (Article 12, paragraph 2).

4. Article 15(a) and (c). The Committee requests the Government to provide information on any provisions adopted or envisaged providing that labour inspectors shall be prohibited from having any direct or indirect interest in the undertakings under their supervision (Article 15(a)) and shall treat as absolutely confidential the source of any complaint (Article 15(c)).

5. Articles 20 and 21. The Committee notes that no annual inspection report has been received. The Committee recalls that these reports are an essential means of determining how the inspection system functions in practice. It hopes that the Government will send to the ILO within the time limits provided for in Article 20 copies of annual inspection reports dealing with the subjects mentioned in Article 21.