Worst Forms of Child Labour Convention, 1999 (No. 182) - Republic of Korea (Ratification: 2001)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee takes note of the Government’s report, of the observations of the Federation of Korean Trade Unions (FKTU) and of the Government’s reply to these observations, all received on 28 September 2022.

Articles 3(b) and 7(1) of the Convention. Worst forms of child labour and penalties. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee takes due note of the Government’s information, in its report, regarding the measures taken to continue protecting children under 18 years of age from commercial sexual exploitation. In particular, the Government indicates that it strengthened the legal protection on children and youth victimized by sexual prostitution by revising the Act on the Protection of Children and Youth against Sex Offences in 2020 and adopting the Act on the Prevention of Human Trafficking and Protection of Victims in 2021. The Government also indicates that 157 prosecutors specialized in crimes against women and children were designated to protect children under the age of 18 from commercial sexual exploitation.

The Committee notes the FKTU’s observation that, despite the Government’s efforts to protect children from sexual exploitation, there are still challenges. In particular, the FKTU observes that specific implementation efforts are needed for children who are involved in prostitution and sexual abuse to be treated as victims rather than delinquents.

In this regard, the Committee notes, from the Government’s reply, that the amendments to the Act on the Protection of Children and Youth against Sex Offences of 2020 define children and youth forced into commercial sex as “victimized children and youth,” rather than “targeted children and youth” and that, as such, they are referred to a protection facility, counselling facilities or to programmes for educational counselling and support provided by support centres (as of 2022, there were 17 centres across the country). The Government also indicates that the police has continued to educate and advise policemen on duty about the fact that children and youth becoming an object of an act of buying sex are victims, rather than suspects. The Committee encourages the Government to continue to take the necessary measures to ensure the protection of children under 18 years of age from commercial sexual exploitation. It requests the Government to provide information on the application of the amended Act on the Protection of Children and Youth against Sex Offences and the Prevention of Human Trafficking and Protection of Victims of 2021 with regard to the commercial sexual exploitation of children, including the use, procuring and offering of children for prostitution, the production of pornography or for pornographic performances, by providing statistics on convictions and the penal sanctions imposed. Finally, it requests the Government to provide information on the number of child victims of commercial sexual exploitation who have been referred to support centres and received assistance.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU) received on 31 August 2018.

Articles 3(b) and 7(1) of the Convention. Worst forms of child labour and penalties. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes the observations made by the KCTU that the sexual exploitation of minors persists in the Republic of Korea. Minors, in particular those who have left their families, are at a high risk of being compelled into prostitution or pornography. A sizable number of pornographic works involving minors are produced and disseminated through mobile instant message applications and the social media. The KCTU further refers to the Korean Ministry of Gender Equality and Family’s Prostitution Survey 2017 which indicates that 61.8 per cent of minors who have visited the centres for youth at risk were engaged in prostitution.

The Committee notes the statistical data provided by the Government in its report on the number of cases reported and criminal procedures carried out for the offences under section 13 (purchasing of sex from children and juveniles) of the Act on the Protection of Children and Juveniles from Sexual Exploitation (APCJSE). According to this information, from June 2016 to May 2018, 1,595 cases were received, of which 1,575 cases were processed, 631 persons were brought to public trial and 33 persons were brought to summary trial. During the same period, 489 cases were received under section 14 (coercing a child or juvenile into a sexual act), of which 490 cases were handled with 221 persons brought to public trial. With regard to the court decisions handed down for the violations of the APCJSE, the Committee notes that 1,111 persons were sentenced with restriction of physical freedom, and 666 persons were subjected to property-related punishments. The Committee requests the Government to continue to take the necessary measures to ensure the protection of children under 18 years of age from commercial sexual exploitation. It requests the Government to continue to provide information on the application of the provisions of the APCJSE with regard to the commercial sexual exploitation of children, including the use, procuring and offering of children for prostitution, the production of pornography or for pornographic performances by providing, in particular, statistics on convictions and the penal sanctions imposed.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee observed that the use, procuring or offering of a child for illicit activities was not specifically prohibited in the relevant Korean legislation. It, therefore, requested the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. The Committee notes the Government’s reference to section 24(1) of the Juvenile Protection Act which states that establishments harmful to juveniles are prohibited from employing juveniles. It notes with interest that as per section 2(5) of the Juvenile Protection Act, “establishments harmful to juveniles” means establishments banned from employing juveniles or giving them access as well as establishments that permit access to juveniles but are banned from employing juveniles. This section further lists those establishments that fall under this definition which include the business of manufacturing, producing and distributing drugs harmful to juveniles. According to section 50(2) of the Juvenile Protection Act, any person who has employed juveniles to work for establishments harmful to them in violation of section 24(1) shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won. The Committee finally notes the Government’s statement that in the Republic of Korea, there has been no reported case of using a child for the production of drugs.

Article 7(1). Penalties. The Committee previously noted the information in the concluding observations of 2 July 2008 of the Committee on the Rights of the Child (CRC) on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRCOP–SC) that an initiative called “John School” had been introduced in the Republic of Korea, whereby “men who have used a child for prostitution or are suspected of having done so are sentenced to undergo a mandatory rehabilitation programme”. Noting that this practice might exempt the perpetrators of child prostitution from a criminal sentence and thereby weaken the deterrent effects of the existing law which criminalizes this offence, the Committee requested the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the infringement of the prohibition on using, procuring or offering of a child under 18 for prostitution.

The Committee notes the Government’s indication that the Act on the Protection of Children and Juveniles from Sexual Exploitation provides for penal sanctions, such as imprisonment with labour, fines, restrictions on employment and mandatory registration of personal information for sex crimes committed against minors. According to section 10 of the Act on the Protection of Children and Juveniles from Sexual Exploitation, the purchasing of sex with a child or juveniles is punishable with imprisonment for up to five years or a fine not exceeding 30 million won; coercing a child or juvenile into prostitution is punishable with imprisonment for a term of not less than five years (section 11); arranging for child prostitution is punishable either with imprisonment for a term of not less than seven years or a fine not exceeding 50 million won (section 12). The Committee further notes the Government’s information with regard to the number of cases reported under the Act on the Protection of Children and Juveniles from Sexual Exploitation. According to this data, in 2010, 1,014 cases were reported under section 10, cases involving 1,030 persons were processed, 110 persons were brought to public trial and 383 persons were brought to summary trial. During the same period, 150 cases were reported under section 11, cases involving 132 persons were processed, 49 persons were brought to public trial, and two persons were brought to summary trial. The Committee further notes the Government’s information with regard to the court decisions handed down on violations of the Act on the Protection of Children and Juveniles from Sexual Exploitation. Accordingly, in 2010, 265 persons were sentenced with restriction of physical freedom, and 153 persons were subject to property-related punishments.

Parts III and V of the report form. Court decisions and practical application of the Convention. The Committee notes the Government’s statement that no violation with regard to forced child labour has been reported in the country. The Committee notes the information provided by the Government in its written reply of 16 August 2011 (CRC/C/KOR/Q/3–4/Add.1; paragraph 75) to the list of issues of the CRC, in consideration of the combined third and fourth periodic reports of the Republic of Korea that according to the statistics provided by the National Police Agency, in 2010, 1,345 offenders of sex trafficking of juveniles were arrested, of which 56 persons were indicted for offences resulting in detention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that the Toxic Substance Control Act (TBSA) prohibits the employment of juveniles in businesses dealing with the manufacture, production and distribution of toxic substances. The Committee observed that the provisions in the TBSA appeared to pertain only to a legal business relationship. It asked the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities such as the production and trafficking of drugs, and requested a copy of the TBSA.

The Committee notes the information in the Government’s report that, pursuant to the Act on the Control of Narcotics, a person who imports or exports, manufactures, trades, or assists in the trade of narcotics (or who possesses narcotics for these purposes) is punished by imprisonment for five years to life. The Committee also notes that it is possible to obtain permission for the handling of narcotics (such as for the purpose of academic research), though pursuant to section 6(3)(i), a minor may not be granted a license for this purpose. However, it does not appear that the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in relevant international treaties, is specifically prohibited by the relevant Korean legislation. The Committee recalls that, by virtue of Article 3(c) of the Convention, such an activity is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Article 7, paragraph 1. Penalties. The Committee notes the information in the concluding observations of 2 July 2008 of the Committee of the Rights of the Child (CRC) on the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (CRC OP-SC) that an initiative called a “John School” has been introduced in Korea, whereby “men who have used a child for prostitution or are suspected of having done so are sentenced to undergo a mandatory rehabilitation programme.” The CRC expressed concern by the fact that perpetrators are exempt from a criminal sentence if they participate in the programme, and that this may weaken the deterrent effects of the existing law which criminalizes solicitation of prostitutes, particularly of child victims of prostitution (CRC/C/OPSC/KOR/CO/1, paragraph 24). The Committee also expresses its concern and recalls that, by virtue of Article 7(1) of the Convention, the Government shall take all necessary measures to ensure the effective implementation of the provisions giving effect to the Convention, including the provision and application of dissuasive criminal penalties. The Committee accordingly requests the Government to take the necessary measures to ensure that sufficiently effective and dissuasive penalties are provided for the infringement of the prohibition on using, procuring or offering of a child under 18 for prostitution.

Article 7, paragraph 2. Clause (a). Effective and time-bound measures. Prevent the engagement of children in the worst forms of child labour. Labour Standards Act. In its previous comments, the Committee noted the Government’s indication that the revisions to the Labour Standards Act (LSA) contained measures requiring employers of minor workers to pay wages not less than the minimum wage, limit working hours, apply for authorization in case of having minors work at night, and provide premium wages. The Committee also noted that the revisions expand the scope of those prohibited from being employed from those under the age of 15 to “those under the age of 18 attending middle school under the Elementary and Secondary Education Act”. The Committee requested a copy of this legislation.

The Committee notes with interest that pursuant to section 64(1) of the LSA, as amended in 2008, a person under the age of 15 (including those under the age of 18 who are attending middle school pursuant to the Elementary and Secondary Education Act) shall not be employed, with the exception of a person with an employment permit issued by the Minister of Labour. Pursuant to section 64(2), this permit is only issued if the employment will not impede the minor’s compulsory education. The Committee also notes that section 69 of the LSA limits the number of hours a person aged 15–18 can work, and that section 70 of the LSA prohibits employing a person under 18 between 10 pm and 6 am, as well as on holidays, without permission from the Minister of Labour.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the information in the Government’s written reply of 25 April 2008 to the list of issues of the CRC, in connection with the consideration of its report on the CRC OP-SC, that it provides rehabilitation programmes for child victims of commercial sexual exploitation. These programmes include vocational training and education aimed at providing preparation for further education, as well as therapeutic, medical and legal services. The Committee also notes that services were provided to 4,409 children in 2005, 5,708 children in 2006 and 3,192 in children in 2007.
The Committee further notes the Government’s indication that these programmes
are operating successfully; of the children who have received services,
79.8 per cent of the children have returned home and 88.1 per cent have successfully reintegrated into schools or have found employment (CRC/C/OPSC/KOR/Q/1/Add.1, paragraphs 13-14).

Parts III and V of the report form. Court decisions and practical application of the Convention. The Committee notes the statistical information provided in the Government’s report on the application of penalties concerning the kidnapping and trading of minors. The Committee notes that in 2007, 130 persons were reported for kidnapping of a minor, pursuant to section 287 of the Criminal Act. The Committee notes that 125 persons were punished, and 16 persons were brought to a public trial. The Committee also notes that six persons were reported for the trading of juveniles, pursuant to section 9 of the Juvenile Protection Law Against Sexual Exploitation. The Committee notes that six persons were punished, and one person brought to public trial.

The Committee notes the information in the Government’s information in its written reply of 25 April 2008 to the list of issues of the CRC, in connection with the consideration of its report on CRC OP-SC, that in 2007, there were 1,246 reported cases of child prostitution, and 1,215 cases regarding child prostitution were processed. The Committee also notes the Government’s indication in this report that the number of person arrested for offences involving child prostitution is on the decrease, from 1,946 persons arrested in 2005, to 1,745 persons arrested in 2006, and 1, 173 persons arrested in 2007. The Committee further notes that, of the 1,173 persons arrested in 2007, only 63 were prosecuted (CRC/C/OPSC/KOR/Q/1/Add.1, paragraph 3).

The Committee notes that the CRC, in its concluding observations on the OP‑SC of 2 July 2008, expressed concern about the weak enforcement of legislation relating to offences referred to in the OP-SC, in particular, the prosecution and punishment of those responsible for acts involving the sale of children, child prostitution and child pornography (CRC/C/OPSC/KOR/CO/1, paragraph 32). The CRC recommended that the Government ensure effective and prompt investigation, prosecution and conviction of all crimes referred to in the OP-SC (CRC/C/OPSC/KOR/CO/1, paragraph 33). The Committee therefore urges the Government to redouble its efforts to ensure in practice the protection of children under 18 years of age against trafficking and commercial sexual exploitation, particularly in regard to the prosecution and punishment of offenders. In this respect, the Committee requests the Government to continue to provide information on the application of the provisions of the Criminal Act and the Juvenile Protection Law Against Sexual Exploitation which prohibit the trafficking and commercial sexual exploitation of children, by providing, in particular, statistics on convictions and the penal sanctions imposed. Furthermore, taking into account the information that investigations are conducted and individuals are prosecuted, the Committee requests the Government to provide copies of court decisions handed down by virtue of these provisions. Finally, it requests the Government to continue to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and the number and nature of infringements reported.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee had noted that the provisions indicated by the Government as measures taken to prohibit the use of juveniles for the production and trafficking of drugs did not, in fact, specifically deal with the use, procuring or offering of children in the production and trafficking of drugs. The Committee notes the Government’s information that the employment of juveniles is prohibited in businesses dealing with toxic substances by the Toxic Substance Control Act. It further notes that the employment of juveniles is prohibited in businesses involved in the manufacture, production and distribution of toxic substances that are determined and announced by the Government Youth Commission as businesses which may cause harm to the physical and psychological development of the juveniles employed due to the risk of high exposure to hazardous substances. However, the Committee observes the provisions here in abovementioned are relevant in the context of a legal business relationship, while the use, procuring or offering of a child for the production and trafficking of drugs are activities that generally take place in an illegal context. Accordingly, the Committee repeats its request to the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention. Furthermore, it asks the Government to supply a copy of the Toxic Substance Control Act. 

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee had previously noted the information provided by the Government with regard to the protection afforded by the provisions of the Revised Labour Standards Act, which took effect on 1 July 2005. The Committee notes that the Government has supplied a copy of the Korean version of the Revised Labour Standards Act and it is currently being translated to English. It requests the Government to supply a copy of an English version of the Revised Labour Standards Act as soon as it is available.

Part V of the report form. In its previous comments, the Committee had noted the detailed information and statistics provided by the Government relating to the practical application of the Convention. The Committee encourages the Government to continue providing information on the application of the Convention in practice and on the number and nature of infringements reported, investigations undertaken, prosecutions, convictions and the penal sanctions applied.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It requests the Government to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. In its previous comments, the Committee noted that sections 288(1), (2), and 289(1) of the Criminal Code prohibit the kidnapping, purchase or sale of an individual for the purposes of trafficking, sexual intercourse and prostitution. It further observed that section 288(2) only covers the trafficking of females for the purpose of sexual exploitation. Recalling Article 1 of the Convention, it requested the Government to indicate the measures taken or envisaged to prohibit the trafficking of boys under the age of 18 years for the purposes of sexual exploitation. The Committee also requested the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 years for purposes of labour exploitation.

The Committee notes the Government’s information that article 29 of the Child Welfare Act prohibits the acts of trading children (defined as those under 18 years) under penalty of fine or imprisonment, and that article 18 of the Act on the Punishment of Acts of Arranging Sexual Traffic stipulates that those who engage in human trafficking aimed for sexual purposes regardless of gender or age shall be punished by imprisonment for a limited term of not less than three years. The Committee further notes the Government’s information that under article 9 of the Juvenile Sex Protection Act of 2000, any person who traffics juveniles (defined as boys and girls below the age of 19) abroad or traffics juveniles living abroad to Korea is liable to imprisonment. The Committee requests the Government to provide copies of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Juvenile Sex Protection Act.

2. Recruitment of children for use in armed conflict. In its previous comments, the Committee noted that article 39(1) of the Constitution requires its citizens to take part in national defence under the conditions prescribed by law. It noted the Government’s statement in its second periodic report submitted to the Committee on the Rights of the Child (CRC/C/70/Add.14, paragraph 38), that Korean men are liable for military service at the age of 19 after conscription screening under section 11 of the Military Service Act. The Committee noted however that, by virtue of section 20 of the same Act, a person aged 17 or over who voluntarily applies for military service may be enlisted. The Committee therefore requested the Government to provide the text of the relevant legislation as well as information about the practice of recruitment into the armed forces. The Committee notes the Government’s information that any man who is a national of the Republic of Korea must perform military service in accordance with article 39(1) (Duty of National Defence) of the Constitution and article 3 (Duties of Military Service) of the Military Service Act. Accordingly, men should undergo the draft physical in the year when they turn 19 years old. Those who are given an order of conscription for active service will be enlisted in the army in the year they undergo the draft physical or in the following year. The Committee notes with interest the revision of the Military Service Act in December 2004, which changed the eligible age for voluntary application for active military service from 17 to 18 so that minors are restricted from performing military service.

Clause (b). Use, procuring or offering of a child for prostitution. In its previous comments, the Committee noted that, according to section 242 of the Criminal Code, a person who, for the purposes of gain, induces a minor female, who has not been habitually immoral to engage in sexual intercourse, is liable to be punished by imprisonment or a fine. The Committee noted that this provision only applies to girls, and also noted that there appears to be no definition of “minor” under the Criminal Code. It therefore requested the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of children under the age of 18 years, including boys, for prostitution. The Committee also requested the Government to indicate the definition of the term “minor female” referred to in section 242 of the Criminal Code.

The Committee notes the Government’s information that under section 242 of the Criminal Code, “minor female” refers to a female under the age of 20 years. It also notes the Government’s information that the Juvenile Protection Act of 1997 contains provisions prohibiting juveniles (defined as boys and girls under 19 years) from sexual entertainment through physical contact or the exposure of sexual organs (article 49-2), and lascivious acts for the purpose of entertainment (article 49-3). Furthermore, article 29 of the Child Welfare Act prohibits having a child engage in a lewd act, under penalty of fine or imprisonment. The Committee takes due note of the Government’s information that the Juvenile Sex Protection Act was enacted in 2000 to prevent and punish sex crimes committed against minors such as rape, sexual harassment by force, purchase of sex, aid in the purchase of sex, and making and distribution of obscene material using juveniles.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that the prohibitions on possession and trafficking of drugs outlined in section 198 of the Criminal Code and the Psychotropic Drugs Control Act do not specifically establish offences related to the use, procuring or offering of a child for the production and trafficking of drugs. The Committee noted that under section 2(4) of the Juvenile Protection Act, the definition of the term “drugs harmful to juveniles” includes alcoholic liquors, cigarettes, narcotics, psychotropic substances under the Narcotics Act and Psychotropic Drugs Control Act; hallucinogens; and other drugs that are mentally and physically dangerous to juveniles. The Committee requested the Government to indicate if this text contains provisions prohibiting the use of juveniles for the production and trafficking of drugs and, if so, to supply a copy of the relevant provisions.

The Committee notes the Government’s information that the Juvenile Protection Act of 1997 prohibits the sale of specific drugs identified as harmful to juveniles, and that such action is subject to a fine or imprisonment. However, the Government does not provide information on legislation regarding the use, procuring or offering of juveniles in the production and trafficking of drugs. Accordingly, the Committee repeats its request to the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Article 5. Monitoring mechanisms. In its previous comments, the Committee noted the Government’s statement that 46 regional labour offices under the Ministry of Labour provide guidance and inspection. The Committee also noted the Government’s indication that since the application of the Labour Standards Act (LSA) was expanded to cover all workplaces from 1 January 1999, and as the current number of inspectors is insufficient to cover all the employers and workplaces, a new computerized labour inspection service, in particular on the workplace digitalization system, was launched in January 2003 in order to promote the efficiency of the work of the inspectors. The Committee accordingly requested the Government to provide additional information on this new system of inspection service and to supply an evaluation on the progress achieved in terms of the promotion of efficient inspection activities, and the consultations which have been held with the employers’ and workers’ organizations.

The Committee notes the Government’s information that through the operation of a computer system for workplace management since January 2003, the Government has promoted work efficiency and reduction in workload by computerizing various reports and directions related to workplace inspections, which used to be written separately in electronic documents and stored in separate ledgers after being approved. The Committee further notes that the Government is operating the “Juvenile Worker Protection Taskforce” consisting of experts such as representatives of juveniles and juvenile protection organizations, civil society organizations, employers who hire a large amount of juveniles and professors whose research focuses on juvenile protection. Furthermore, to improve the night work authorization system for juvenile workers, the Government consulted with workers’ organizations including the FKTU and the KCTU, and held meetings with employers’ representatives of large fast food businesses that employ many juveniles, and consequently improved the system. The Committee takes due note of this information.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted the Government’s information that it annually monitors workplaces hiring juvenile workers to obligate employers to observe labour laws related to working conditions, and that it takes administrative measures vis-à-vis employers who violate the laws so as to protect juvenile workers. It also noted that the Government implemented education programmes in order to prevent juvenile workers from being discriminated against at workplaces due to low education and skill levels. The Committee requested the Government to continue providing information concerning the measures taken or envisaged to prevent the engagement of children in the worst forms of child labour, and information on the implementation of the abovementioned educational programmes, as well as results achieved.

The Committee notes the Government’s information that, according to the revised LSA (which took effect on 1 July 2005), the scope of those prohibited from being employed as workers was expanded from those under the age of 15 to “those under the age of 18 attending middle school under the Elementary and Secondary Education Act”. It also notes the Government’s indication that measures were taken to strengthen guidance and inspection for prevention of violation of minor workers’ rights such as overdue wages and unpaid overtime wages, as well as cases of minors working at night. There has been active use of the telephone and Internet counselling services of the National Labour Consultation Centre, which takes prompt measures in case of the violation of the rights of juvenile workers. Furthermore, employers of minor workers are required to pay wages not less than the minimum wage, limit working hours, apply for authorization in case of having minors work at night, and provide premium wages. The statutory working conditions of minor workers are notified to the employer when requesting authorization for having minors work at night. Notification is sent to workplaces employing a large amount of workers, and their working conditions are posted on the web site of the Ministry of Labour. The Committee further notes the detailed information provided by the Government on the implementation and results of education programmes with the goal of ensuring equal opportunities for education and skill development for juveniles. The Committee requests the Government to supply a copy of the revised Labour Standards Act with its next report.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. In its previous comments, the Committee on the Rights of the Child welcomed the enactment of the Juvenile Sex Protection Act, 2000. The Committee on the Rights of the Child expressed concern, however, that this Act was not being implemented effectively, and that there was limited data available on the prevalence of child sexual exploitation. It recommended that the Government develop a national plan of action on the commercial sexual exploitation of children, which includes measures for effective data collection, training law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner; providing appropriate recovery and reintegration programmes for victims of sexual abuse; and developing preventive measures that target those soliciting and providing sexual services (CRC/C/15/Add.197, paragraphs 54 and 55). The Committee requested the Government to provide information on the implementation of the Juvenile Sex Protection Act in practice, and on the measures taken or envisaged to comply with the recommendations of the Committee on the Rights of the Child. It also requested the Government to provide information on the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of children under 18 years from commercial sexual exploitation, and for their rehabilitation and social integration, pursuant to Article 7, paragraph 2(b), of the Convention.

The Committee notes the Government’s information that the Comprehensive Assistance Centre for Youth Protection has been operating since its establishment in September 2003, which provides comprehensive services to juveniles who are exposed to the dangers of the purchase of sex and running away from home. Furthermore, other initiatives such as counselling services, a cooperation network for support in case of emergencies, medical support, education on human rights of female victims of prostitution for police officers, as well as publicity efforts have been undertaken by the Government. In addition, the Committee notes the Government’s information that an assistance programme for juvenile victims of prostitution has been developed and conducted with non-governmental organizations. The Committee takes due note of this information.

Part III of the report form. Implementation of the Convention. The Committee notes that the Government has provided a summary of the decisions on cases of capture and allurement of minors and violations of the Juvenile Protection Act.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes that the Government has provided detailed information on inspection reports relating to employer compliance with labour legislation, and a summary of the results of guidance and inspection on protection of minor workers. The Government has also provided statistics on publicity efforts to increase youth assistance to support facilities for the worst forms of child labour, practical application of the penalties laid down in the relevant legislation, as well as detailed information on the implementation and results of educational programmes aimed at fostering skilled juvenile workers through vocational and skills training.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 12(1) of the Constitution stipulates that no person may be punished, placed under preventive restrictions or subjected to involuntary labour except as provided by law and through lawful procedures. It also notes that section 6 of the Labour Standards Act of 1997 provides that an employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by other means which restrict their mental or physical freedom.

2. Sale and trafficking of children. The Committee notes that the Government provides no information in this regard. It notes however that section 288(1) of the Criminal Code provides that a person who kidnaps another by force or deception for the purpose of engaging in an indecent act or sexual intercourse, or for gain, is liable to be punished with imprisonment. Section 288(2) of the Criminal Code states that subsection (1) shall apply to a person who buys or sells a female for the purpose of prostitution. The Committee also notes that section 289(1) of the Criminal Code provides that a person who kidnaps another by force or deception or buys or sells another for the purpose of transporting the victim out of the Republic of Korea is liable to be punished with imprisonment. The Committee observes that section 288(2) only covers the trafficking of females (girls) for the purpose of sexual exploitation. Moreover, there is no specific legislation prohibiting child trafficking for the purpose of labour exploitation. The Committee draws the Government’s attention to Article 1 of the Convention which requires the Government to take measures to prohibit the worst forms of child labour immediately. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the trafficking of boys under the age of 18 years for purposes of sexual exploitation. It also requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 years for purposes of labour exploitation.

3. Recruitment of children for use in armed conflict. The Committee notes that the Government has provided no information regarding compulsory recruitment for use in armed conflict. The Committee notes, however, that article 39(1) of the Constitution requires its citizens to take part in the national defence under the conditions prescribed by law. The Committee notes the Government’s statement in its second periodic report submitted to the Committee on the Rights of the Child (CRC/C/70/Add.14, paragraph 38), that Korean men are liable for military service at the age of 19 after conscription screening under section 11 of the Military Service Act. By virtue of section 20 of the same Act, however, a person aged 17 or over who voluntarily applies for military service may be enlisted. The Committee therefore requests the Government to provide the text of the relevant legislation as well as information about the practice of recruitment into the armed forces.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that, according to section 242 of the Criminal Code, a person who, for the purpose of gain, induces a minor female or such a female who has not been habitually immoral to engage in sexual intercourse is liable to be punished by imprisonment or a fine. The Committee notes that this provision only refers to girls. The Committee also notes that there appears to be no definition of the term "minor" under the Criminal Code. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of children under the age of 18 years, including boys, for prostitution. It also requests the Government to indicate the definition of the term "minor female" referred to in section 242 of the Criminal Code.

Moreover, the Committee notes that the Government, in its second periodic report submitted to the Committee on the Rights of the Child, refers to sections 4-6 of the Prevention of Prostitution Act as prohibiting prostitution, inducements to, or coercion of, prostitution, and to the Act on the Regulations of Amusement Business Affecting Public Morals as prohibiting prostitution and obscene acts (CRC/C/70/Add.14, paragraphs 228-229). The Committee observes that section 24 of the Juvenile Protection Act prohibits owners of (entertainment) establishments harmful to children from employing them (i.e. any person below 19 years according to the Act). It also notes that, under sections 2(5)(a) and 3(3)(1) of the Enforcement Decree of the Juvenile Protection Act, this means businesses in which sexual entertainments such as prostitution, physical contacts including massage, exposure of sexual organs and other similar acts, are provided. The Committee requests the Government to supply a copy of the relevant provisions of the Prevention of Prostitution Act, the Act on the Regulation of Amusement Business Affecting Public Morals and the Juvenile Protection Act.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes from the report submitted by the Government to the Committee on the Rights of the Child that the Child Welfare Act, under sections 18 and 34, provides that a person who makes children (below 18 years) perform obscene acts or induces them to do obscene acts is liable to be punished by imprisonment or a fine (CRC/C/70/Add.14, paragraph 231). The Committee requests the Government to supply a copy of the Child Welfare Act.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, according to section 198 of the Criminal Code, a person who manufactures, imports, or sells opium, morphine or its derivatives or who possesses it for the purpose of sale, is liable to be punished with imprisonment. It also notes that the Psychotropic Drugs Control Act contains a prohibition to hold, possess, use, manage, export, import, manufacture, sell, buy, or to act as an intermediate in the selling, buying, receiving, or giving, psychotropic drugs or to extract ingredients of psychotropic drugs from plants (sections 3, 4 and 5). According to section 42(2) of the Psychotropic Drugs Control Act, any person who sells, buys, gives, receives, prepares, administers, or delivers psychotropic drugs to or from a minor is liable to be punished with imprisonment. The Committee notes that this legislation does not specially establish offences related to the use, procuring, or offering of a child for the production and trafficking of drugs. The Committee reminds the Government of its obligation under Article 1 of the Convention to take immediate measures to prohibit this worst form of child labour. The Committee notes however that the Juvenile Protection Act, under section 2(4) provides a definition of the term "drugs harmful to juveniles" which include: alcoholic liquors; cigarettes; narcotics, psychotropic substances and hemp under the Narcotics Act and Psychotropic Drugs Control Act; hallucinogens; and other drugs that are mentally and physically dangerous to juveniles. The Committee requests the Government to indicate if this text contains provisions prohibiting the use of juveniles for the production and trafficking of drugs and, if so, to supply a copy of the relevant provisions. If it does not, the Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d). Work which by its nature, or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes the Government’s statement that it has strengthened the implementation of legal provisions to limit juveniles’ working hours, prohibiting them from working at night and during holidays, listing the jobs where they are not allowed to work, obligating employers to place juvenile certificates at workplaces, and permitting juveniles to sign employment contracts and claim wages. The Committee notes that section 63(1) of the Labour Standards Act (LSA) prohibits an employer from employing children under 18 years in workplaces that are hazardous or harmful to a child’s morality and health.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government, that section 63(3) of the LSA provides for the determination of prohibited occupations by Presidential Decree. Section 37 of the Enforcement Decree of the LSA requires that the types of work prohibited for persons under the age of 18 years be prescribed under section 63 of the LSA. The Committee notes with interest the list communicated by the Government in its report of types of work prohibited for minors. It includes work dealing with or involving exposure to 2-bromopropane; work in places with high pressure or as divers; work in the brewery and oil businesses (excluding oil filling); work involving incineration or butchery; work at prisons or mental hospitals; driving and operating work for which those under 18 years are not allowed to get licenses; and other work designated and announced by the Minister of Labour after deliberation made by the Industrial Safety and Health Policy Deliberation Committee. The Committee requests the Government to indicate if any regulation has been issued by the Minister of Labour, and if so, to supply a copy of it.

Article 4, paragraphs 2 and 3. Identification of hazardous work and determination of the list of hazardous work. Examination and periodical revision of the list of the types of hazardous work. The Committee notes the information provided by the Government that the Industrial Safety and Health Policy Deliberations Committee, which consists of representatives of workers and employers, experts in the field, representatives of the academia and the Government, determines the types of jobs or industries that are hazardous, after collecting opinions of organizations involved and other interested parties. It notes that the Industrial Safety and Health Policy Deliberations Committee is comprised of 30 members including the chairperson (the Minister of Labour), and the members include one public official from each ministry, the President of the Republic of Korea’s Occupational Safety and Health Agency, persons who have experience and knowledge in industrial safety and health, representatives of workers and employers, and those who are recommended by NGOs and entrusted by the Minister of Labour. The Committee requests the Government to indicate the measures taken or envisaged to examine and revise periodically the list of types of hazardous work determined under Article 4, paragraph 1, of the Convention.

The Committee also notes the Government’s statement that consultations with the organizations of employers and workers have been held with the representatives of the organizations and members of the Industrial Safety and Health Policy Deliberations Committee.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that 46 regional labour offices under the Ministry of Labour provide guidance and inspection. They have labour inspection dedicated to inspection of child labour in their division. The Committee notes the information provided by the Government that these inspectors carry out publicity and activities of an educational nature. The Committee also notes that section 104 of the LSA provides that the Ministry of Labour and its subordinate offices shall have a labour inspector to ensure the standards of the conditions of employment. Section 105(1) states that labour inspectors have the authority to, among other things, inspect a workplace, request presentation of books and documents, and question employers and workers. The Committee also notes that, by virtue of section 105(5) of the LSA, labour inspectors have the authority of police officials with regard to violations of the LSA or other laws or decrees pertaining to labour affairs. The Committee notes the Government’s statement that between the years 1985 and 2002, the Ministry of Labour conducted six labour inspections on workplaces hiring juveniles. In 2003, the Ministry checked the situation of juveniles working part time and conducted labour inspection in workplaces where juveniles can easily find jobs. In this regard, the Committee further notes that, in its Second Periodic Report to the Committee on the Rights of the Child, the Government reports that in 1997, 3,300 child labourers in 779 establishments were inspected and 207 cases were identified and corrected (CRC/C/70/Add.14, paragraph 224). The Committee also notes the Government’s indication that, since the application of the LSA was expanded to cover all workplaces form 1 January 1999, and as the current number of inspectors is insufficient to cover all the employers and workplaces, a new computerized labour inspection service, in particular on the workplace digitalization system was launched in January 2003 in order to promote the efficiency of the work of inspectors. The Committee accordingly requests the Government to provide additional information on this new system of inspection service and to supply an evaluation on the progress achieved in terms of the promotion of efficient inspection activities. It also requests the Government to provide information on the functioning of any other mechanism established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons. It also requests the Government to indicate the consultations which have been held with the employers’ and workers’ organizations.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s statement that the Ministry of Labour plans to strengthen the publicity activities to raise awareness of the importance of protecting juvenile workers, and reinforce vocational guidance education to juveniles through audio/video materials and guidebooks. It also notes that job security centres under regional labour officers will identify part-time jobs for juveniles, place those jobs for juveniles and provide part-time information so that juveniles can have various opportunities to have sound part-time jobs. The Committee further notes that in 2001, the Comprehensive Plan for Child Protection and Rearing (under the eighth Five-year Social and Economic Development Plan for 1998-2002) was formulated by the relevant authorities in charge of child-related issues under the leadership of the Prime Minister. This Plan devises 48 measures in the five areas for child protection and rearing, namely, the enhancement of children’s rights, improvement of the health and welfare of children, strengthening of children’s safety, protection of children from harmful environments, and support for the sound rearing of children (Written replies to the List of Issues Raised by the Committee on the Rights of the Child, CRC/C/Q/REPKO/2, page 18). The Committee notes moreover that the Government developed and distributed 65,000 pamphlets entitled "A labour standards guidebook for minors," explaining why and how minor workers should be protected. The Committee requests the Government to communicate further information on programmes of action regarding the worst forms of child labour envisaged or under implementation, as well as information on their functioning and the results obtained. The Committee notes the Government’s statement that, when establishing and implementing related policies, the Government consults with workers’ and employers’ organizations and other related organizations in advance to collect their opinions.

Article 7, paragraph 1. Penalties. The Committee notes that section 242 of the Criminal Code provides that a person who, for the purpose of gain, induces a minor female to engage in sexual intercourse shall be punished by penal servitude for not more than three years or to a fine not exceeding 15,000 won. It also notes that section 288(1) provides that a person, who kidnaps another for the purpose of engaging in an indecent act or sexual intercourse or for gain, shall be punished with imprisonment for not less than one year. By virtue of section 289(1) of the Criminal Code, a person who kidnaps another or buys or sells another for the purpose of transporting him out of the Republic of Korea shall be punished with imprisonment for not less than three years. Moreover, the Committee notes that sections 18 and 34 of the Child Welfare Act provide that a person who makes children perform obscene acts or induces them to do obscene acts shall be punished by penal servitude for not more than ten years or by a fine not exceeding 50 million won. In addition, section 112 of the LSA provides that any person who violates the provisions of section 63 (i.e. prohibition on the employment of minors below 18 years on work detrimental to their health and morals), or of section 70 (i.e. prohibition of work inside a pit) is punishable by imprisonment for not less than three years or a fine not exceeding 20 million won. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the measures taken to: (d) identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. The Committee notes the Government’s statement that, when enacting the LSA in 1953, the Government made efforts to protect juvenile workers by including provisions to specifically protect them, for example by designating work harmful for juveniles and limiting working hours so that work does not hinder mandatory education. It further notes the information provided by the Government, according to which it annually monitors workplaces hiring juvenile workers to obligate employers to observe labour laws related to working conditions, and it takes administrative measures vis-à-vis employers who violate the laws so as to protect juvenile workers. The Committee requests the Government to continue providing information concerning the measures taken or envisaged to prevent the engagement of children in the worst forms of child labour.

2. The Committee notes the information provided by the Government, according to which the goal of ensuring equal opportunities for education is achieved by obliging all persons to send their children to school. The Committee notes that, since 2002, the Government provides mandatory education for middle-school students (up to 15 years old) throughout the country. The Committee notes from the Written Replies to the List of Issues raised by the Committee on the Rights of the Child (CRC/C/Q/REPKO/2, page 3) that the Social Welfare and Support Programmes for Families provides free meal plans for children of low-income households and tuition fee assistance for the secondary education of children of low-income or single-parent households. It also notes that, in order to prevent juvenile workers from being discriminated at workplaces due to low education levels and skills, the Government makes efforts to foster skilled juvenile workers through vocational training and to provide them with education by establishing night schools or encouraging companies to run schools for their juvenile workers. The Committee requests the Government to provide information on the implementation of the abovementioned educational programmes, as well as results achieved.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s statement that, at present, the worst forms of child labour are not to be found in the Republic of Korea. The Government states that there are no official statistics on the number of juvenile workers between the ages of 15 and 18. The Committee notes, however, from the Written Replies to the List of Issues raised by the Committee on the Rights of the Child made by the Government (CRC/C/Q/REPKO/2, page 11), based on the Supreme Public Prosecutor’s Office data, that there were 65 children engaged in prostitution in 1999, 55 in 2000 and 41 in 2001. Moreover, the Committee notes that in 2001, more than 1,000 children were involved in the sex trade, including nine under 12 years, 142 between 13 and 14 years, and 511 between 15 and 16 years. The Committee further notes that, in its concluding observations, the Committee on the Rights of the Child welcomed the enactment of the Juvenile Protection Act, 2000, which aims to penalize those purchasing sexual services from children. The Committee on the Rights of the Child expressed concern however that this Act was not being implemented effectively, and that there was limited data available on the prevalence of child sexual exploitation. It was also concerned at reports of the widespread phenomenon of "wonjokyuje" in which adolescent girls engage in sexual relationship with older men for money. The Committee on the Rights of the Child recommended the State party to develop a National Plan of Action on the Commercial Sexual Exploitation of Children, which includes measures for effective data collection, training law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner; providing appropriate recovery and reintegration programmes for victims of sexual abuse; and developing preventive measures that target those soliciting and providing sexual services (CRC/C/15/Add.197, paragraphs 54 and 55). The Committee requests the Government to provide information on the implementation of the Juvenile Protection Act in practice, and on the measures taken or envisaged to comply with the recommendations of the Committee on the Rights of the Child. It also requests the Government to provide information on the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of children under 18 years from commercial sexual exploitation, and for their rehabilitation and social integration, pursuant to Article 7, paragraph 2(b), of the Convention.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that the Minister of Labour is the designated authority, and that regular inspections are carried out on a daily basis. It asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s report contains no information on this point. It notes however that the Republic of Korea is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1991, and signed in 2000 the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, and the Optional Protocol on the Involvement of Children in Armed Conflict. The Committee asks the Government to provide further concrete information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Part III of the report form. The Committee notes the Government’s statement that there is no court decision relating to the application of the Convention. The Committee therefore requests the Government to continue providing information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply a copy of the text of these decisions.

Parts IV and V. The Committee notes the information provided by the Government, according to which in the process of the Republic of Korea’s economic growth, industrialization began in 1962 when the first five-year plan for economic development was launched. In this period a number of simple and low-wage workers increased, as did the number of juvenile workers. The Committee notes that the Government set up and implemented special protection measures and improved working conditions for juvenile workers. With economic growth, the country expanded mandatory education, and the number of juvenile workers reduced considerably as a result. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the Republic of Korea, and to indicate any practical difficulties or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee requests, moreover, the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery, such as debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 12(1) of the Constitution stipulates that no person may be punished, placed under preventive restrictions or subjected to involuntary labour except as provided by law and through lawful procedures. It also notes that section 6 of the Labour Standards Act of 1997 provides that an employer shall not force a worker to work against his own free will through the use of violence, intimidation, confinement or by other means which restrict their mental or physical freedom.

2. Sale and trafficking of children. The Committee notes that the Government provides no information in this regard. It notes however that section 288(1) of the Criminal Code provides that a person who kidnaps another by force or deception for the purpose of engaging in an indecent act or sexual intercourse, or for gain, is liable to be punished with imprisonment. Section 288(2) of the Criminal Code states that subsection (1) shall apply to a person who buys or sells a female for the purpose of prostitution. The Committee also notes that section 289(1) of the Criminal Code provides that a person who kidnaps another by force or deception or buys or sells another for the purpose of transporting the victim out of the Republic of Korea is liable to be punished with imprisonment. The Committee observes that section 288(2) only covers the trafficking of females (girls) for the purpose of sexual exploitation. Moreover, there is no specific legislation prohibiting child trafficking for the purpose of labour exploitation. The Committee draws the Government’s attention to Article 1 of the Convention which requires the Government to take measures to prohibit the worst forms of child labour immediately. The Committee therefore requests the Government to indicate the measures taken or envisaged to prohibit the trafficking of boys under the age of 18 years for purposes of sexual exploitation. It also requests the Government to indicate the measures taken or envisaged to prohibit the sale and trafficking of both boys and girls under 18 years for purposes of labour exploitation.

3. Recruitment of children for use in armed conflict. The Committee notes that the Government has provided no information regarding compulsory recruitment for use in armed conflict. The Committee notes, however, that article 39(1) of the Constitution requires its citizens to take part in the national defence under the conditions prescribed by law. The Committee notes the Government’s statement in its second periodic report submitted to the Committee on the Rights of the Child (CRC/C/70/Add.14, paragraph 38), that Korean men are liable for military service at the age of 19 after conscription screening under section 11 of the Military Service Act. By virtue of section 20 of the same Act, however, a person aged 17 or over who voluntarily applies for military service may be enlisted. The Committee therefore requests the Government to provide the text of the relevant legislation as well as information about the practice of recruitment into the armed forces.

Article 3. Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes that, according to section 242 of the Criminal Code, a person who, for the purpose of gain, induces a minor female or such a female who has not been habitually immoral to engage in sexual intercourse is liable to be punished by imprisonment or a fine. The Committee notes that this provision only refers to girls. The Committee also notes that there appears to be no definition of the term "minor" under the Criminal Code. The Committee therefore requests the Government to provide information on the measures taken or envisaged to prohibit the use, procuring or offering of children under the age of 18 years, including boys, for prostitution. It also requests the Government to indicate the definition of the term "minor female" referred to in section 242 of the Criminal Code.

Moreover, the Committee notes that the Government, in its second periodic report submitted to the Committee on the Rights of the Child, refers to sections 4-6 of the Prevention of Prostitution Act as prohibiting prostitution, inducements to, or coercion of, prostitution, and to the Act on the Regulations of Amusement Business Affecting Public Morals as prohibiting prostitution and obscene acts (CRC/C/70/Add.14, paragraphs 228-229). The Committee observes that section 24 of the Juvenile Protection Act prohibits owners of (entertainment) establishments harmful to children from employing them (i.e. any person below 19 years according to the Act). It also notes that, under sections 2(5)(a) and 3(3)(1) of the Enforcement Decree of the Juvenile Protection Act, this means businesses in which sexual entertainments such as prostitution, physical contacts including massage, exposure of sexual organs and other similar acts, are provided. The Committee requests the Government to supply a copy of the relevant provisions of the Prevention of Prostitution Act, the Act on the Regulation of Amusement Business Affecting Public Morals and the Juvenile Protection Act.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes from the report submitted by the Government to the Committee on the Rights of the Child that the Child Welfare Act, under sections 18 and 34, provides that a person who makes children (below 18 years) perform obscene acts or induces them to do obscene acts is liable to be punished by imprisonment or a fine (CRC/C/70/Add.14, paragraph 231). The Committee requests the Government to supply a copy of the Child Welfare Act.

Clause (c). The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, according to section 198 of the Criminal Code, a person who manufactures, imports, or sells opium, morphine or its derivatives or who possesses it for the purpose of sale, is liable to be punished with imprisonment. It also notes that the Psychotropic Drugs Control Act contains a prohibition to hold, possess, use, manage, export, import, manufacture, sell, buy, or to act as an intermediate in the selling, buying, receiving, or giving, psychotropic drugs or to extract ingredients of psychotropic drugs from plants (sections 3, 4 and 5). According to section 42(2) of the Psychotropic Drugs Control Act, any person who sells, buys, gives, receives, prepares, administers, or delivers psychotropic drugs to or from a minor is liable to be punished with imprisonment. The Committee notes that this legislation does not specially establish offences related to the use, procuring, or offering of a child for the production and trafficking of drugs. The Committee reminds the Government of its obligation under Article 1 of the Convention to take immediate measures to prohibit this worst form of child labour. The Committee notes however that the Juvenile Protection Act, under section 2(4) provides a definition of the term "drugs harmful to juveniles" which include: alcoholic liquors; cigarettes; narcotics, psychotropic substances and hemp under the Narcotics Act and Psychotropic Drugs Control Act; hallucinogens; and other drugs that are mentally and physically dangerous to juveniles. The Committee requests the Government to indicate if this text contains provisions prohibiting the use of juveniles for the production and trafficking of drugs and, if so, to supply a copy of the relevant provisions. If it does not, the Committee requests the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering of a child under 18 years for illicit activities such as the production and trafficking of drugs, pursuant to Article 3(c) of the Convention.

Clause (d). Work which by its nature, or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee notes the Government’s statement that it has strengthened the implementation of legal provisions to limit juveniles’ working hours, prohibiting them from working at night and during holidays, listing the jobs where they are not allowed to work, obligating employers to place juvenile certificates at workplaces, and permitting juveniles to sign employment contracts and claim wages. The Committee notes that section 63(1) of the Labour Standards Act (LSA) prohibits an employer from employing children under 18 years in workplaces that are hazardous or harmful to a child’s morality and health.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the information provided by the Government, that section 63(3) of the LSA provides for the determination of prohibited occupations by Presidential Decree. Section 37 of the Enforcement Decree of the LSA requires that the types of work prohibited for persons under the age of 18 years be prescribed under section 63 of the LSA. The Committee notes with interest the list communicated by the Government in its report of types of work prohibited for minors. It includes work dealing with or involving exposure to 2-bromopropane; work in places with high pressure or as divers; work in the brewery and oil businesses (excluding oil filling); work involving incineration or butchery; work at prisons or mental hospitals; driving and operating work for which those under 18 years are not allowed to get licenses; and other work designated and announced by the Minister of Labour after deliberation made by the Industrial Safety and Health Policy Deliberation Committee. The Committee requests the Government to indicate if any regulation has been issued by the Minister of Labour, and if so, to supply a copy of it.

Article 4, paragraphs 2 and 3. Identification of hazardous work and determination of the list of hazardous work. Examination and periodical revision of the list of the types of hazardous work. The Committee notes the information provided by the Government that the Industrial Safety and Health Policy Deliberations Committee, which consists of representatives of workers and employers, experts in the field, representatives of the academia and the Government, determines the types of jobs or industries that are hazardous, after collecting opinions of organizations involved and other interested parties. It notes that the Industrial Safety and Health Policy Deliberations Committee is comprised of 30 members including the chairperson (the Minister of Labour), and the members include one public official from each ministry, the President of the Republic of Korea’s Occupational Safety and Health Agency, persons who have experience and knowledge in industrial safety and health, representatives of workers and employers, and those who are recommended by NGOs and entrusted by the Minister of Labour. The Committee requests the Government to indicate the measures taken or envisaged to examine and revise periodically the list of types of hazardous work determined under Article 4, paragraph 1, of the Convention.

The Committee also notes the Government’s statement that consultations with the organizations of employers and workers have been held with the representatives of the organizations and members of the Industrial Safety and Health Policy Deliberations Committee.

Article 5. Monitoring mechanisms. The Committee notes the Government’s statement that 46 regional labour offices under the Ministry of Labour provide guidance and inspection. They have labour inspection dedicated to inspection of child labour in their division. The Committee notes the information provided by the Government that these inspectors carry out publicity and activities of an educational nature. The Committee also notes that section 104 of the LSA provides that the Ministry of Labour and its subordinate offices shall have a labour inspector to ensure the standards of the conditions of employment. Section 105(1) states that labour inspectors have the authority to, among other things, inspect a workplace, request presentation of books and documents, and question employers and workers. The Committee also notes that, by virtue of section 105(5) of the LSA, labour inspectors have the authority of police officials with regard to violations of the LSA or other laws or decrees pertaining to labour affairs. The Committee notes the Government’s statement that between the years 1985 and 2002, the Ministry of Labour conducted six labour inspections on workplaces hiring juveniles. In 2003, the Ministry checked the situation of juveniles working part time and conducted labour inspection in workplaces where juveniles can easily find jobs. In this regard, the Committee further notes that, in its Second Periodic Report to the Committee on the Rights of the Child, the Government reports that in 1997, 3,300 child labourers in 779 establishments were inspected and 207 cases were identified and corrected (CRC/C/70/Add.14, paragraph 224). The Committee also notes the Government’s indication that, since the application of the LSA was expanded to cover all workplaces form 1 January 1999, and as the current number of inspectors is insufficient to cover all the employers and workplaces, a new computerized labour inspection service, in particular on the workplace digitalization system was launched in January 2003 in order to promote the efficiency of the work of inspectors. The Committee accordingly requests the Government to provide additional information on this new system of inspection service and to supply an evaluation on the progress achieved in terms of the promotion of efficient inspection activities. It also requests the Government to provide information on the functioning of any other mechanism established for the monitoring of the implementation of the provisions giving effect to the Convention, and to provide extracts of the inspection reports specifying the extent and nature of violations detected involving children and young persons. It also requests the Government to indicate the consultations which have been held with the employers’ and workers’ organizations.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s statement that the Ministry of Labour plans to strengthen the publicity activities to raise awareness of the importance of protecting juvenile workers, and reinforce vocational guidance education to juveniles through audio/video materials and guidebooks. It also notes that job security centres under regional labour officers will identify part-time jobs for juveniles, place those jobs for juveniles and provide part-time information so that juveniles can have various opportunities to have sound part-time jobs. The Committee further notes that in 2001, the Comprehensive Plan for Child Protection and Rearing (under the eighth Five-year Social and Economic Development Plan for 1998-2002) was formulated by the relevant authorities in charge of child-related issues under the leadership of the Prime Minister. This Plan devises 48 measures in the five areas for child protection and rearing, namely, the enhancement of children’s rights, improvement of the health and welfare of children, strengthening of children’s safety, protection of children from harmful environments, and support for the sound rearing of children (Written replies to the List of Issues Raised by the Committee on the Rights of the Child, CRC/C/Q/REPKO/2, page 18). The Committee notes moreover that the Government developed and distributed 65,000 pamphlets entitled "A labour standards guidebook for minors," explaining why and how minor workers should be protected. The Committee requests the Government to communicate further information on programmes of action regarding the worst forms of child labour envisaged or under implementation, as well as information on their functioning and the results obtained. The Committee notes the Government’s statement that, when establishing and implementing related policies, the Government consults with workers’ and employers’ organizations and other related organizations in advance to collect their opinions.

Article 7, paragraph 1. Penalties. The Committee notes that section 242 of the Criminal Code provides that a person who, for the purpose of gain, induces a minor female to engage in sexual intercourse shall be punished by penal servitude for not more than three years or to a fine not exceeding 15,000 won. It also notes that section 288(1) provides that a person, who kidnaps another for the purpose of engaging in an indecent act or sexual intercourse or for gain, shall be punished with imprisonment for not less than one year. By virtue of section 289(1) of the Criminal Code, a person who kidnaps another or buys or sells another for the purpose of transporting him out of the Republic of Korea shall be punished with imprisonment for not less than three years. Moreover, the Committee notes that sections 18 and 34 of the Child Welfare Act provide that a person who makes children perform obscene acts or induces them to do obscene acts shall be punished by penal servitude for not more than ten years or by a fine not exceeding 50 million won. In addition, section 112 of the LSA provides that any person who violates the provisions of section 63 (i.e. prohibition on the employment of minors below 18 years on work detrimental to their health and morals), or of section 70 (i.e. prohibition of work inside a pit) is punishable by imprisonment for not less than three years or a fine not exceeding 20 million won. The Committee requests the Government to provide information on the practical application of the penalties laid down in the relevant provisions.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the absence of information in the Government’s report on the measures taken to: (d) identify and reach out to children at special risk; and (e) to take account of the special situation of girls. The Committee asks the Government to provide information on actions taken or envisaged, as required under Article 7(2)(d) and (e) of the Convention.

Clause (a). Prevent the engagement of children in the worst forms of child labour. 1. The Committee notes the Government’s statement that, when enacting the LSA in 1953, the Government made efforts to protect juvenile workers by including provisions to specifically protect them, for example by designating work harmful for juveniles and limiting working hours so that work does not hinder mandatory education. It further notes the information provided by the Government, according to which it annually monitors workplaces hiring juvenile workers to obligate employers to observe labour laws related to working conditions, and it takes administrative measures vis-à-vis employers who violate the laws so as to protect juvenile workers. The Committee requests the Government to continue providing information concerning the measures taken or envisaged to prevent the engagement of children in the worst forms of child labour.

2. The Committee notes the information provided by the Government, according to which the goal of ensuring equal opportunities for education is achieved by obliging all persons to send their children to school. The Committee notes that, since 2002, the Government provides mandatory education for middle-school students (up to 15 years old) throughout the country. The Committee notes from the Written Replies to the List of Issues raised by the Committee on the Rights of the Child (CRC/C/Q/REPKO/2, page 3) that the Social Welfare and Support Programmes for Families provides free meal plans for children of low-income households and tuition fee assistance for the secondary education of children of low-income or single-parent households. It also notes that, in order to prevent juvenile workers from being discriminated at workplaces due to low education levels and skills, the Government makes efforts to foster skilled juvenile workers through vocational training and to provide them with education by establishing night schools or encouraging companies to run schools for their juvenile workers. The Committee requests the Government to provide information on the implementation of the abovementioned educational programmes, as well as results achieved.

Clause (b). Provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s statement that, at present, the worst forms of child labour are not to be found in the Republic of Korea. The Government states that there are no official statistics on the number of juvenile workers between the ages of 15 and 18. The Committee notes, however, from the Written Replies to the List of Issues raised by the Committee on the Rights of the Child made by the Government (CRC/C/Q/REPKO/2, page 11), based on the Supreme Public Prosecutor’s Office data, that there were 65 children engaged in prostitution in 1999, 55 in 2000 and 41 in 2001. Moreover, the Committee notes that in 2001, more than 1,000 children were involved in the sex trade, including nine under 12 years, 142 between 13 and 14 years, and 511 between 15 and 16 years. The Committee further notes that, in its concluding observations, the Committee on the Rights of the Child welcomed the enactment of the Juvenile Protection Act, 2000, which aims to penalize those purchasing sexual services from children. The Committee on the Rights of the Child expressed concern however that this Act was not being implemented effectively, and that there was limited data available on the prevalence of child sexual exploitation. It was also concerned at reports of the widespread phenomenon of "wonjokyuje" in which adolescent girls engage in sexual relationship with older men for money. The Committee on the Rights of the Child recommended the State party to develop a National Plan of Action on the Commercial Sexual Exploitation of Children, which includes measures for effective data collection, training law enforcement officials, social workers and prosecutors on how to receive, monitor, investigate and prosecute complaints in a child-sensitive manner; providing appropriate recovery and reintegration programmes for victims of sexual abuse; and developing preventive measures that target those soliciting and providing sexual services (CRC/C/15/Add.197, paragraphs 54 and 55). The Committee requests the Government to provide information on the implementation of the Juvenile Protection Act in practice, and on the measures taken or envisaged to comply with the recommendations of the Committee on the Rights of the Child. It also requests the Government to provide information on the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of children under 18 years from commercial sexual exploitation, and for their rehabilitation and social integration, pursuant to Article 7, paragraph 2(b), of the Convention.

Article 7, paragraph 3. Competent authority responsible for the implementation of the provisions giving effect to this Convention. The Committee notes the Government’s indication that the Minister of Labour is the designated authority, and that regular inspections are carried out on a daily basis. It asks the Government to communicate additional information concerning the authorities responsible for the implementation of the penal provisions giving effect to this Convention and the methods used for the supervision of such implementation.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes the Government’s report contains no information on this point. It notes however that the Republic of Korea is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1991, and signed in 2000 the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, and the Optional Protocol on the Involvement of Children in Armed Conflict. The Committee asks the Government to provide further concrete information on any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with these provisions of the Convention.

Part III of the report form. The Committee notes the Government’s statement that there is no court decision relating to the application of the Convention. The Committee therefore requests the Government to continue providing information on whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply a copy of the text of these decisions.

Parts IV and V. The Committee notes the information provided by the Government, according to which in the process of the Republic of Korea’s economic growth, industrialization began in 1962 when the first five-year plan for economic development was launched. In this period a number of simple and low-wage workers increased, as did the number of juvenile workers. The Committee notes that the Government set up and implemented special protection measures and improved working conditions for juvenile workers. With economic growth, the country expanded mandatory education, and the number of juvenile workers reduced considerably as a result. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in the Republic of Korea, and to indicate any practical difficulties or any factors which may have prevented or delayed action against the worst forms of child labour. The Committee requests, moreover, the Government to supply copies or extracts from official documents including studies and inquiries and to provide information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties. To the extent possible, all information provided should be disaggregated by sex.