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

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Republic of Korea (Ratification: 2001)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) communicated with the Government’s report and the observations of the Korean Confederation of Trade Unions (KCTU), received on 31 August 2018.

Article 1 of the Convention. Equality of treatment of migrant workers. In its previous comments, the Committee requested the Government to take measures aimed at re-establishing equality of treatment between national and foreign workers by amending sections 57 and 58 of the Industrial Accident Compensation Insurance Act (IACIA), pursuant to which the employment injury disability pension of foreign workers, who leave the Republic of Korea, is converted into a lump sum whereas Korean nationals continue receiving such pensions while residing abroad. The Committee notes the reply provided by the Government in its report, which refers to difficulties in monitoring the eligibility of foreign nationals to employment injury pensions (for example, due to death or remarriage) after they leave the country while the eligibility of Korean nationals residing abroad can be checked through the Korean Ministry of Foreign Affairs. In this regard, the Committee notes the Government’s intention to continue consulting with other countries who are parties to the Convention to find ways to facilitate the sharing of information necessary for the payment of benefits to foreign nationals who reside abroad. The Committee also notes the FKTU’s observations indicating that the Government should ensure the collection of the information on eligibility of foreign nationals to employment injury pensions through the Employment Permit System (EPS) centres of the foreign nationals’ countries of origin. In this regard, the Committee takes note of the Government’s reply that the EPS centres lack personnel and therefore cannot handle the additional task of reviewing pension eligibilities of injured foreign workers. The Committee further notes that, according to the KCTU, measures should be taken to enable injured foreign workers to receive disability aids, rehabilitation services, including treatments for complications and vocational training after they return to their countries of origin. The KCTU also indicates that seafarers who are subject to the Act on Accident Compensation Insurance for Fishers and Fishing Vessels of 2017 get a compensation for employment injury based on a minimum wage scale that is lower than the minimum wage applicable to national seafarers. In addition, the KCTU refers to language barrier as a main source of difficulties for foreign workers in applying for workers’ compensation and participation in post-accident vocational trainings. The Committee urges the Government to take the necessary measures: (1) to ensure equality of treatment in respect of workers’ cash compensation and medical care benefits for all foreign workers, including seafarers, who are nationals of any other Member which has ratified the Convention; and (2) to ensure the provision of employment injury pensions instead of lump sums to foreign workers leaving the Republic of Korea, with a view to give full effect to Article 1 of the Convention. The Committee requests the Government to keep it informed of agreements concluded with other ratifying countries in this regard. The Committee also requests the Government to take the necessary measures to facilitate the access of foreign workers to employment injury benefits by ensuring that relevant documents and information are available in a language that they can understand.

Application of the Convention in practice. In its previous comments, the Committee requested the Government to provide information on new legal provisions on securing better compliance with the national legislation on employment injury. The Government replies that it continues strengthening penalties for employers who failed to report or who concealed industrial accidents by adopting new provisions on criminal punishment and increasing fines. The Committee notes the FKTU’s observations indicating that although there is an increase in the number of applications for recognition of industrial accidents, stronger punishment measures should be imposed to prevent employers from not reporting and concealing industrial accidents. In this regard, the Government indicates that it intends to promote education activities and campaigns on the reporting on industrial accidents in the workplace, and enhance administrative and legal enforcement actions. The Committee requests the Government to provide information on the outcome of the measures taken to enhance the enforcement and application of the national legislation.