Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

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

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Korean Confederation of Trade Unions (KCTU), received in 2024 and the Government’s responses thereto.

Article 3 of the Convention. Primary functions of labour inspectors. Supervision of trade union activities. Following its previous comments on the functions of labour inspection in relation to trade union activities, the Committee notes the indication of the Government in its report that there are no labour inspection activities undertaken against trade unions. In its observations, however, the FKTU mentions an ongoing practice of labour inspectors conducting visits to audit the financial records of trade unions. The Government, in response, indicates that such administrative investigations were performed pursuant to section 14 of the Trade Union and Labour Relations Adjustment Act (TULRAA), to verify whether trade unions submitted the results of their voluntary examinations of financial documents. The Government indicates that on-site inspections were conducted only for trade unions that refused voluntary inspections or failed to provide sufficient proof of compliance. The Committee recalls that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors, other than those defined under Article 3(1), shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee once again requests the Government to indicate how it ensures that supervision of trade union activities is carried out in a manner that protects the rights of trade unions and their members. The Committee further requests the Government to take the necessary measures to ensure that labour inspectors’ duties in relation to the supervision of the TULRAA do not prejudice in any way the authority and impartiality which are necessary for inspectors in their relations with employers and workers, in accordance with Article 3(2).

Articles 6, 10, 11 and 16. Conditions of service of labour inspectors. Number of labour inspectors, travel expenses and inspection visits. Following its previous comments on the number of labour inspectors and their conditions of service, the Committee notes from the statistics in the Government’s report that the number of labour inspectors has remained stable between 2022 and 2024, and that their level of remuneration remains similar to that of police and firefighting officials. The Government also indicates that the average amount of overtime worked by labour inspectors fell by about six per cent between 2021 and 2023. Nevertheless, according to the Government, a heavy workload makes it increasingly challenging for the Labour Inspectorate to focus on inspections. The Committee also notes the observations of the FKTU which highlight the incomplete or delayed reimbursement of travel expenses for labour inspectors in 2023. In response, the Government indicates that it has taken measures to reduce travel costs, to secure additional funds to settle the outstanding reimbursements, to allocate an additional 1.5 billion KRW to the travel expense budget and to provide 50 additional vehicles. The Committee requests the Government to pursue its efforts to ensure that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspectorate and that they have the transport facilities necessary for the performance of their duties, in situations where suitable public facilities do not exist. The Committee further requests the Government to continue to take measures enabling labour inspectors to focus on their primary inspection functions, to provide information on the measures taken, and to continue to provide statistics on the number of labour inspectors.

Articles 12(1)(a) and 16. Unannounced visits. Self-improvements in advance and inspection later. OSH inspections. Following its previous comments on the power of labour inspectors to conduct inspections without previous notice, the Committee notes the Government’s indication that visits are divided between regular, occasional and special inspections, with the latter two types being unannounced. The Government also indicates that the principle of “self-check first and inspection later”, which was implemented in the context of the COVID-19 pandemic, only applies to regular inspections, which follow an inspection plan. The Government indicates that the number of self-check survey respondents is three times higher than the number of workplaces actually inspected, as the latter are selected when they are suspected of having weak labour management. The KCTU, in its observations, also indicates that the requirement for employers to submit their own improvement plans prior to inspections causes delays in inspections. The Committee notes with concern the KCTU’s indications in its observations under Convention No. 155 that the number of workplaces subject to inspections was halved in 2022, and that in a company which was not inspected in five years, a chemical explosion occurred in June 2024, leading to 23 deaths. In response, the Government states that it is proactively carrying out inspections and applying strict sanctions for any acts or omissions resulting in a serious industrial accident, while remaining committed to reinforcing the OSH capacities of SMEs by offering financial support, expanding consulting services for accident prevention, and sharing best practices. With reference to its comments above on the workload of labour inspectors, the Committee requests the Government to take all necessary measures to ensure that labour inspectors are enabled to inspect workplaces as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions, including OSH provisions. The Committee also requests the Government to specify whether, in the context of self-checks and regular inspections, enterprises receive notifications of an upcoming inspection, when they are selected for inspection after completing a self-check survey. The Committee further requests the Government to continue to provide statistics on the number of inspections conducted, disaggregated by type of inspection, as well as statistics on the number of self-check surveys issued compared to workplaces inspected.

Articles 13 and 18. Powers of inspectors in the area of OSH. Adequate penalties. Following its previous comments on the enforcement of provisions of the OSH Act in relation to subcontracting, the Committee notes the statistics provided by the Government regarding such enforcement activities, including inspections conducted to verify compliance with safety management responsibilities for subcontracted workers. Regarding suspension orders, the Committee notes the Government’s indication that pursuant to the 2020 amendments to the OSH Act, suspension orders can in principle only be issued upon the occurrence of a serious industrial accident. According to the KCTU’s observations, the number of suspension orders issued to prevent industrial accidents fell from 2,868 in 2018 to 50 in 2022. The Committee recalls that under Article 13(2) of the Convention, orders requiring measures with immediate executory force apply in reference to “the event of imminent danger to the health or safety of the workers”. In this context, measures such as suspending work, because of their impact on the activities and profits of an enterprise, have a deterrent effect which is bound to promote respect for principles of safety (2006 General Survey on Labour Inspection, para. 117). The Committee also notes the KCTU’s observations on under-reporting of industrial accidents as well as the Government’s response that the number of industrial accident reports submitted increases each year and that it will continue efforts to promote reporting through guidance and awareness-raising campaigns. The Committee requests the Government to ensure the full application of Article 13(2) of the Convention, and to indicate the different types of measures with immediate executory force that can be ordered by labour inspectors in order to prevent accidents before they occur. The Committee also requests the Government to provide statistics of suspension orders issued, pursuant to the OSH Act 2020, specifying the number of orders issued before the occurrence of a serious industrial accident. Finally, the Committee requests the Government to take measures to ensure that penalties for OSH violations are effectively enforced.

The Committee is raising other matters in a request addressed directly to the Government.