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

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

The Committee notes the observations of the Korea Employers’ Federation (KEF) communicated with the Government’s report, as well as the observations of the Korean Confederation of Trade Unions (KCTU) and the Federation of Korean Trade Unions (FKTU), received on 22 September and 5 October 2024, respectively.

Article 1 of the Convention. (i) Payment of benefits abroad. The Committee previously noted that the disability compensation annuity of foreign workers who leave the Republic of Korea is converted into a lump sum (section 57 of the Industrial Accident Compensation Insurance Act, IACIA). In contrast, Korean nationals continue to receive these annuities while residing abroad (section 115 of the IACIA). The Government indicates, in its report, that Korean workers who have lost their Korean nationality and reside abroad or leave the Republic of Korea to reside abroad also lose their entitlement to the disability compensation annuity. According to the Government, the termination of disability compensation annuities for those residing abroad cannot be considered discriminatory. The Government further indicates the challenges in verifying the entitlement to disability compensation annuities for foreign workers and Korean workers who have lost their nationality and reside abroad. The Government also indicates the need for cooperation with relevant countries to ensure the payment of disability compensation annuities.

The Committee recalls that Article 1 of the Convention requires Member States to grant to the nationals of any other Member which have ratified the Convention, who suffer personal injury due to industrial accidents happening in their territory, or to their dependants, the same treatment in respect of worker’s compensation as it grants to its own nationals. The Committee observes that, unlike foreign workers, Korean workers who retain their Korean nationality and reside abroad continue receiving disability compensation annuities, provided they submit periodic reports to the Korea Workers’ Compensation and Welfare Service (K-COMWEL) confirming their continued eligibility (section 115 of the IACIA). The Committee, therefore, observes once again the unequal treatment of foreign and Korean workers regarding the provision of disability compensation annuities abroad. Recalling that it has been raising this issue for well over ten years, the Committee urges the Government to take the necessary measures to ensure the provision of disability compensation annuities to foreign workers who are the nationals of Member States that have ratified the Convention when they reside abroad to give full effect to Article 1 of the Convention.

(ii) Access to benefits for foreign workers. The Committee notes the observations of the FKTU indicating that most foreign workers are not fully informed about industrial accident compensation insurance. Furthermore, language barriers and concerns about job security make it challenging for foreign workers to apply for benefits. According to the FKTU, although the number of work-related accidents among foreign workers increases annually, many foreign workers do not fully benefit from industrial accident compensation insurance. The FKTU further indicates that a significant number of work-related accidents involving foreign workers are likely concealed.

In its reply, the Government indicates that various language services are available to provide foreign workers with information about industrial accident compensation insurance. In particular, the K-COMWEL has an official website that offers information related to industrial accident compensation insurance in English, along with application and claim forms for different benefits in ten languages. An Industrial Accident Compensation Guidebook for Migrant Workers has also been published in 13 languages. The Government further indicates that embassy personnel can apply for and claim benefits on behalf of foreign workers. The Committee notes that the KEF, in its observations, indicates that the Government continues to make efforts to distribute information about benefits to foreign workers and to ensure that foreign and Korean workers receive equal treatment regarding industrial accident compensation insurance.

The Committee requests the Government to continue to take the necessary measures to ensure the provision of benefits due to work-related accidents to foreign workers, and to provide information in this respect.

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