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

Human Resources Development Convention, 1975 (No. 142) - Republic of Korea (Ratification: 1994)

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) received on 8 September 2023 and the Government’s reply thereto. The Committee further notes the observations of the Korea Employers’ Federation (KEF) received on 5 October 2023 and the Government’s reply thereto.

Article 1(3) of the Convention. Policies and programmes appropriate to national conditions. In response to the Committee’s previous comments requesting further information on the implementation of the Work-Learning Dual System established in 2014, the Government reports that the program is operational in partnership with relevant organizations. As of May 2023, 17,827 enterprises have been selected as dual training providers, benefiting 137,412 participants. Regarding measures to continuously adapt technical and vocational training to sector-specific labour market needs, the Government indicates that company-tailored national key/strategic industry occupational training, initiated in 2019, is currently running 17 programs. Under this training program, participating companies and training organizations sign agreements to collaboratively design courses, committing over 20 per cent of the programs to actual company projects. The Committee further notes two recent acts adopted by the Government: the Vocational Education and Training Promotion Act (Act No. 19344, partially amended on 18 April 2023) and the Act on Work-Study Combination at Industrial Sites (No. 18425, 17 August 2021). The Committee requests the Government to continue providing updated detailed information, including disaggregated statistical data, on the functioning and/or application of: (i) the Work-Learning Dual System; (ii) the Industry-Specific Human Resources Development Committees; (iii) the Vocational Education and Training Promotion; and (iv) the Act on Work-Study Combination at Industrial Sites. The Committee requests the Government, in particular, to provide updated detailed information on the Work-Learning Dual Training Centres and the industry-specific Special Apprenticeship Zones and their impact on participants’ access to lasting employment, indicating the starting wages received by participants, the average period between completion of the training and employment as well as the nature of the employment secured (full-time, part-time, fixed or short-term, or permanent). The Committee further requests the Government to continue providing detailed information on measures taken or envisaged to continuously adapt technical and vocational training to sector-specific labour market needs and on any other measures relevant to the application of the Convention.

Young persons. In response to the request for information on measures taken or planned to safeguard the rights of young people in vocational training programs, the Government indicates that companies wishing to participate in work-study dual programs must have a minimum number of full-time workers, depending on the type of company, to ensure quality working conditions. Companies are ineligible if the employer has been publicized for delayed wage payments or if less than a year has passed since the employer was listed for industrial accidents. Businesses must comply with the Labour Relations Act during the program. When evaluating companies, the Government considers training programs, facilities, the availability of field instructors, safety and health management, and adequate salaries for new employees in training positions to ensure a safe and rights-guaranteed environment for participants. In response to the request for statistical data on the impact of vocational training for young people, the Government reports that it annually collects data on key indicators such as employment rate, retention rate, job search period, and wage levels of the programs offered. The Committee reiterates its previous comment drawing the Government’s attention to Paragraphs 18 and 19(f) and (g) of the of the Human Resources Development Recommendation, 2004 (No. 195), and requests the Government to provide statistics disaggregated by gender, age, and other socio-economic indicators on the impact of vocational training for young people, including starting wages and the time between training completion and employment entry, compared to those who have not undergone such training. The Committee requests the Government to continue providing information on measures taken or planned to safeguard the rights of young people in vocational training programs.

Middle-aged persons in need of re-employment support, self-employed persons more likely to change their jobs, and workers in special types of employment. The Government indicates that the “new middle-aged” is a policy term that has no legal definition and refers to those in their 50s and 60s who are capable of actively re-entering the labour market and making meaningful contributions to society even after their retirement. The Government adds that “workers in special type of employment” refer to those who perform work in a non-independent manner without owning their own office, store, or workplace, while determining the method of providing labour and working hours independently; they find or meet customers by personally recruiting, selling, delivering, and transporting goods or services and earn income based on the work performed, according to the Additional Survey by Work Type, Economically Active Population Survey, Statistics Korea. The Committee requests the Government to provide statistics, disaggregated by gender and age and other socio-economic indicators, on the impact of vocational training provided to the new middle-aged, the self-employed who are more likely to change their jobs, and workers in special types of employment. It also requests the Government to provide statistics concerning those groups as regards wages received after completing the training and the period of time between completion of training and their entry into employment, compared to persons who have not undergone such trainings.

Tomorrow Learning Card System. The Government indicates that in 2020, it launched the National Tomorrow Learning Card by integrating job training for jobseekers and job training for incumbent employees, establishing a foundation for vocational training in which citizens can choose training courses on their own. The Government explains that National Tomorrow Learning Cards were issued to 4,462,000 people over the past five years, and among them, 4,153,000 received training. Training courses are provided by educational, public and private institutions and companies from all sectors that require vocational training. The Committee requests the Government to continue providing information on the activities and impact of the Tomorrow Learning Card System.

Women. The Government indicates that the Ministry of Employment and Labor and the Ministry of Gender Equality and Family have their own vocational guidance, education, training, and vocational training programs for women. The Committee notes the detailed information provided by the Government on vocational and training programs for women, such as the Hi Program, CAP@ Program, Achievement Program, Happiness Up Program, Saeil (New Job) Start Program, and WICI (Women Immigrant’s Career Identity) Program. The Government indicates that with the amendment of the Act on Promotion of Economic Activities of Career-Interrupted Women in June 2022, the training targets have been expanded to include all women, including employed women, not just those who have experienced career interruptions from 2023. The Government adds that it is supporting the expansion of women’s participation in economic activities based on the One-Stop Integrated Employment Support Service of the Women’s Sae-il (New Job) Center, which provides employment counselling, vocational training, work experience (internships), job placement, aftercare, and retention. The Government explains that policies related to vocational skill development (Basic Plan for Workers Vocational Competency Development) are being developed and being implemented (the fourth plan was planned to be announced within 2023) and that the Act on the Promotion of Economic Activities and Prevention of Career Interruption of Women was enforced in June 2022. The Committee further notes the statistical information provided by the Government on the impact of the measures on women’s access to employment. The Committee also notes that the United Nations Human Rights Committee, in its concluding observations on the fifth periodic report of the Republic of Korea, expressed concerns concerning gender inequality and discrimination against women: (a) on the low-level targets set in the public sector; and (b) by the gender pay gap in the private sector, which is exacerbated by structural factors, including career interruption owing to childbirth (document CCPR/C/KOR/CO/5, 24 November 2023, para. 15). The Committee also notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations on the ninth periodic report of the Republic of Korea, expressed concerns about: (a) the persistently high gender pay gap and that in the 2023 World Economic Forum global gender gap ranking, the State party was rated 105 out of 146; (b) the low labour market participation rate for women (55.1 per cent compared with 72.7 per cent for men); (c) that for 12 consecutive years, the Republic of Korea has been ranked last among the 29 OECD countries in terms of working environment for women; (d) the lack of social security coverage for employees who work fewer than 15 hours a week, who are predominantly women; and (e) the under-representation of women in managerial positions in private companies and in the industrial infrastructure sector, despite their high levels of education (document CEDAW/C/KOR/CO/9, dated 6 June 2024, para. 38). The CEDAW also expressed concerns about the significant care burden shouldered largely by women with limited access to care facilities and about the large number of women engaged in unpaid care work (ibid, para. 42). In view of the above,the Committee encourages the Government to develop and implement policies and programmes addressed to women that take into account the challenges women face in the labour market. The Committee requests the Government to continue providing information on activities and measures taken or envisaged to provide women with vocational guidance, education and training, and the impact of such measures on women’s access to full, productive, freely chosen and lasting employment.

Persons with disabilities. In its previous comments, the Committee requested the Government to provide information on how sections 6 and 7 of the Minimum Wage Act impact persons with disabilities, and how the Government is ensuring the application of equality of opportunities and treatment in the workplace for workers with disabilities. The Committee also invited the Government to provide information on measures taken to encourage and enable all workers to access employment opportunities without discrimination. The Government indicates that it operates the permission procedure for exemption from the application of minimum wage to persons with disabilities to ensure employment security for workers with a very limited working capacity among workers with disabilities, according to Article 7 of the Minimum Wage Act. The Government explains that most workers with disabilities (96.1 per cent as of 2022) who are exempted from the application of minimum wage are employed at vocational rehabilitation facilities for persons with disabilities under the Act on Welfare of Persons with Disabilities. The Government highlights that a Private-Public Joint Taskforce composed of the Government, organizations representing people with disabilities, and related experts, was established (in functions from March 2018 to July 2019) to discuss a range of issues concerning the exclusion of the minimum wage system, including potential abolition and reform of the system. Through extensive discussions, a common consensus was formed that the abrupt abolition of the system could lead to job insecurity. The Taskforce agreed to maintain the current system but strive to reduce the number of people with disabilities not covered by the minimum wage, and has drawn up and implemented support measures for people with disabilities not covered by the minimum wage in its facilities. As regards measures taken to encourage and enable all workers to access employment opportunities without discrimination, the Government indicates that under the Act on the Employment Promotion and Vocational Rehabilitation of Persons with Disabilities it operates the “mandatory employment system” to expand employment opportunities and maintain stable employment retention of people with disabilities, while expanding budgets related to employment promotion of people with disabilities. In addition, the Committee notes that the UN Committee on the Rights of Persons with Disabilities (CRPD), in its concluding observations on the combined second and third periodic reports of the Republic of Korea, expressed concerns about: (a) discriminatory legislation that excludes or limits the participation of persons with psychosocial disabilities and/or intellectual disabilities in the labour market; (b) that the Minimum Wage Act excludes persons with disabilities from benefiting from the minimum wage, which has resulted in many persons with disabilities who work receiving compensation below the minimum wage; and (c) the ongoing segregation of persons with disabilities in sheltered workshops and the lack of concrete plans to gradually move workers with disabilities from these workshops to the open labour market (document CRPD/C/KOR/CO/2-3, dated 6 October 2022, para. 55). The CRPD recommended that the Government: (a) repeal all discriminatory legislation that excludes or limits the participation of persons with disabilities in the open labour market and adopt effective measures to ensure the right of all persons with disabilities to work, as well as measures to combat discrimination, in particular in relation to advertisements, recruitment processes, reasonable accommodation, retraining, promotion and other rights related to work and employment; (b) review the Minimum Wage Act to ensure equal remuneration for work of equal value and provide compensation to persons with disabilities who are excluded from the benefit of the Act; (c) strengthen measures to ensure that persons with disabilities, including persons with disabilities taking part in deinstitutionalization processes, persons with hearing impairments and persons with psychosocial disabilities and/or intellectual disabilities, have access to work and employment in the open labour market and to inclusive work environments; and (d) implement measures to enable persons with disabilities to transition from sheltered employment into open, inclusive and accessible employment and ensure the effective implementation of specific affirmative action measures designed to promote the employment of persons with disabilities, including quotas to increase participation of persons with disabilities, in particular women with disabilities, in the open labour market (ibid, para. 56). The Committee notes that the Convention on the Rights of Persons with Disabilities establishes the human right of persons with disabilities to non-discrimination and equal treatment and opportunity in work and employment, and the duty of ratifying parties to enable their effective access to general technical and vocational guidance programmes, placement services and vocational and continuing training (article 27). In view of the above, recalling that the Convention requires that systems of vocational guidance, including continuing employment information and appropriate programmes for all persons with disabilities, need to be gradually extended and adapted to the needs of all persons, at all levels of skills (articles 3 and 4 of the Convention), the Committee requests the Government to provide detailed information on how the Government is ensuring the effective application of its vocational training system to persons with disabilities, both young and adult.

Article 3(2) and (3). Vocational guidance information. Lifelong learning. Concerning the activities of the public employment service (PES) information system, the Government indicates that to strengthen citizens’ access to vocational guidance and employment support programs, the platforms Worknet (www.work.go.kr), Cyber Career Education Center, YouTube, and social media platforms provide various employment programs and job-related information. The Government points out that it provides workers with tailored employment services – such as vocational, psychological assessments, job information, and employment programs, which are provided through the nationwide employment centres, Women Saeil (New Job) Center, University Job Center, Middle-Aged Job Center, and others. The Government explains that to promote the vocational training of citizens across their lifetime, the Human Resources Development Network (HRD-Net) provides information related to major human resources development policies and vocational training projects. The Smart Training and Education Platform (STEP) offers remote training content, remote training learning management system (LMS), content open markets and other resources. As regards measures taken to promote quality vocational education and training that is inclusive and available to all, the Government indicates that: (i) the National Lifelong Vocational Competency Development Act was amended on 17 August 2021, and enforced on 18 February 2022; (ii) the beneficiaries of the National Tomorrow Learning Card was expanded; and (iii) the enterprise level vocational training was strengthened. The Committee requests the Government to continue providing updated detailed information on the activities of the PES information system, particularly with regard to the development of information and guidance relating to choice of occupation, access to vocational education and training – including lifelong learning, related educational opportunities to assure the effectiveness of vocational guidance policies and on measures taken to promote quality vocational education and training that is inclusive and available to all.

Article 5. Cooperation with employers’ and workers’ organizations. The Committee notes that the Government provides information on the rules applicable to the composition of the Regional Skills Councils (RSCs) and Industrial Skills Councils (ISCs), but the information provided on their current composition is limited. The FKTU alleges that since the industrial associations select the members of RSCs, the majority of RSCs members come from the industrial sectors, and labour representation is minimal. The FKTU also maintains that the legal status of ISCs has not been formally recognized and labour representation in the 17 ISCs is notably limited. In response, the Government indicates that RSCs are permitted, in accordance with laws and regulations, to independently organize and function in line with local circumstances, including the local industrial landscape. The Government adds that labour representatives are actively involved in both the steering and working committees of all ISCs, serving as steering and working members. The KEF, for its part, alleges that the role of the ISCs needs to be strengthened by providing region- and industry-tailored vocational training. The KEF further contends that as of 2023, 17 RSCs and 19 ISCs had been established, but their activities and impact on actual vocational training and employment services remain limited. In reply, the Government indicates that there are differences in the level of activities of RSCs, depending on the interest and efforts of local governments and participating organizations. The Government further maintains that in the future, the role of ISCs will be strengthened and expanded. The Committee takes note of the above information and wishes to recall the importance of formulating and implementing vocational guidance and training policies in cooperation with employers’ and workers’ organizations, as provided by the Convention. This collaborative approach ensures that training programs are aligned with labour market needs, enhancing their relevance and effectiveness, and also promotes social dialogue, allowing stakeholders to discuss and negotiate the best-suited approaches. Involving various stakeholders ensures inclusivity and better implementation, as all parties are more likely to support initiatives they helped create. Overall, this cooperation aims to create a responsive, equitable, and effective vocational training system that benefits both employers and employees. In view of the above,the Committee requests the Government to provide more detailed information on the composition of the 17 regional HRD Committees and the 19 industry-specific committees, indicating how employers’ and workers’ organizations cooperate in their design and implementation, as required by Article 5 of the Convention. The Committee also requests the Government to inform it on how the role of ISCs is to be strengthened and expanded. The Committee further invites the Government to continue providing updated information on the manner in which the cooperation of employers’ and workers’ organizations and, where applicable, other interested bodies, is ensured in the formulation and implementation of vocational guidance and vocational training policies and programmes.