In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 139 (occupational cancer), 155 (OSH), 162 (asbestos), and 187 (promotional framework on OSH) together.

The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU) on Conventions Nos 139, 155, 162 and 187, and the observations of the Federation of Korean Trade Unions (FKTU) on Conventions Nos 155 and 187, both received in 2024, as well as the Government’s responses thereto.

Occupational Safety and Health Convention, 1981 (No.155) and Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

A. General provisions

Articles 5(e) and 13 of Convention No. 155. Right of workers to remove themselves. Protection from disciplinary measures. Following its previous comments on these Articles, the Committee notes that sections 23 and 24 of the Occupational Safety and Health Act 2020, as amended (OSH Act 2020) prohibit discrimination against members of workplace OSH committees and workers appointed as honorary occupational safety inspectors. Section 52(4) of the OSH Act 2020 also prohibits unfavourable treatment of workers who exercise their right to suspend work, when they have reasonable grounds to believe that an imminent danger exists. The Government indicates in its report that workers are not required to report to their supervisors before exercising this right. The Committee nevertheless notes that, according to the KCTU and the FKTU, employers discipline and seek damages from workers who exercise their right under section 52 in practice, and that such employers are not sanctioned. In response, the Government indicates that workers can seek remedies through the Labour Relations Commission and courts in such cases. Recalling that, in accordance with Article 5(e) of Convention No. 155,the national OSH policy shall take account of the protection of workers and their representatives from disciplinary measures as a result of actions properly taken by them in conformity with the policy, the Committee requests the Governmentto take the necessary measures to ensure the full application of Articles 5(e) and 13 of Convention No. 155, in law and in practice. The Committee requests the Government to provide further information on the measures taken to ensure the respect of section 52(4) of the OSH Act 2020 in practice.

Articles 19(b), (c), (e) and 20 of Convention No. 155 and Article 4(2)(d) of Convention No 187. Cooperation between management and workers and/or their representatives on OSH. Following its previous comments, the Committee notes that pursuant to Appendix 9 of the OSH Enforcement Decree, workplaces engaged in hazardous work with 50 or more regular workers must establish OSH committees, while the threshold is higher for other workplaces (300 regular workers for certain defined workplaces like software development, and 100 for other businesses). The Government further indicates that workplaces with 30 or more regular employees must establish a labour management council with worker representation and consult it on matters including OSH, pursuant to sections 4 and 6 of the Act on the Promotion of Employees’ Participation and Cooperation. The Committee also notes that the OSH Act 2020 provides rights of information to workers and their representatives, including a right to receive information on work environment measurements, and the right of representatives to participate in health assessments and work environment measurements. According to the Government, OSH committees can invite external experts based on mutual agreement with management, as necessary. Nevertheless, the Committee notes the concern of the KCTU that 80 per cent of serious accidents occur in companies with less than 50 workers. The FKTU also indicates that worker participation in risk assessments remains superficial. In response, the Government notes the existing rights under national legislation for workers’ participation and the need to examine the evolving hazards and risks and the employer’s ability to comply with the law before expanding the scope of the law. The Committee requests the Government to take measures to strengthen the arrangements for cooperation in undertakings that are not required to establish OSH committees and to provide information on those measures.

B. Protection against specific risks

Article 5 of Convention No. 139 and Article 21 of Convention No. 162. Medical examinations of workers during the period of employment and thereafter. Following its previous comments, the Committee notes the Government’s indication regarding workers who qualify for “health management cards”, allowing them to receive specialized medical examination once a year to check for medical conditions. The Government indicates that workers who have been issued health management cards, who are no longer working in asbestos-related jobs, can still receive a special medical examination related to asbestos once a year, at no cost. The Government further refers to the payment of insurance benefits for occupational diseases recognized to be caused by asbestos exposure. The Committee notes that, according to the KCTU, asbestos dismantling and demolition work is often carried out in small businesses involving temporary workers, which leads to OSH violations and neglect of the requirement for regular health surveillance. In this respect, the Government indicates that pre-employment health examination is provided to workers regardless of whether they are daily workers, and that workers without a certificate of employment can also obtain health management cards through a separate form written by two or more workers, after verification of the facts. The Government indicates that it is conducting awareness-raising to ensure that workers who are eligible for health management cards are aware of the system. The Committee requests the Government to take the necessary measures for the full application of Article 5 of Convention No. 139 andArticle 21 of Convention No. 162 and in practice, with a view to ensuring that workers are provided with the necessary medical examinations, and to provide further information in this regard.

Asbestos Convention, 1986 (No. 162)

Article 20 of Convention No. 162. Monitoring of theexposure of workers to asbestos. Right to request monitoring of the working environment and right to appeal to the competent authority concerning results. The Committee notes that section 125 of the OSH Act 2020 provides for requirements regarding the measurement of the working environment in workplaces where the work conducted is considered harmful to safety and health, and that according to section 125(8), the methods and frequency for the monitoring shall be prescribed by Ministerial Decree of the Ministry of Employment and Labour. Furthermore, following its previous comments, the Committee notes the Government’s indication that there are no regulations stipulating procedures as provided under Article 20(4) of the Convention. The Committee requests the Government to take the necessary measures to give effect to Article 20(4) of the Convention in law and in practice to ensure that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. It also requests the Government to provide information on the provisions prescribing: (i) the interval at which monitoring of the working environment takes place and the methods for it; and (ii) the period for which the records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept.

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