Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the Korea Confederation of Trade Unions (KCTU) and the Federation of Korea Trade Unions (FKTU) communicated with the Government’s report as well as the Government’s reply to these observations.

Article 1 of the Convention. Scope of application. Further to its previous comments on the possible coverage of domestic workers, the Committee notes that the Government indicates that efforts were being made to introduce labour legislation to improve the protection of domestic workers. The Committee requests the Government to provide information on any specific progress made with regard to the issues covered by the Convention.

Article 4(3)(b). Appointment of independent members of the minimum wage fixing body. Further to its previous comments on this matter, the Committee notes that, in reply to the FKTU’s reiterated concerns, the Government indicates that it plans to have discussions with relevant stakeholders on the need for any institutional improvement regarding the process of nomination of members of the Minimum Wage Council who represent the public interest. The Committee recalls that Article 4(3)(b) states that, wherever it is appropriate to the nature of the minimum wage fixing machinery, provision shall be made for the direct participation in its operation of persons having recognized competence for representing the general interests of the country and appointed after full consultation with representative organizations of employers and workers concerned.

Article 5. Enforcement. The Committee notes that both KFTU and KCTU raise a number of concerns regarding the effective enforcement of the minimum wage legislation. It notes that the Government indicates in its reply that it would increase the number of labour inspectors, designate minimum wage inspectors and increase the number of workplaces subject to minimum wage inspections gradually, and that it would consider revising the applicable rules to address minimum wage violations more effectively. Finally, the Committee takes note of the information provided by the Government in reply to its previous request on labour inspection activities and other enforcement measures. The Committee recalls that Article 5 calls for appropriate measures aiming at ensuring the application of the provisions relating to minimum wages and that Paragraph 14 of the Minimum Wage Fixing Recommendation No. 135 lists a number of examples of such measures.