Radiation Protection Convention, 1960 (No. 115) - Republic of Korea (RATIFICATION: 2011)

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General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 1 of the Convention. Consultation with employers’ and workers’ representatives concerning the application of the Convention. With reference to its previous comments where it noted the observations of the Korean Confederation of Trade Unions (KCTU) concerning the legislation related to radiation and its application, and requested the Government to take the necessary measures to hold consultations with representatives of employers and workers on the issues raised by the KCTU, the Committee notes the statement of the Government in its report that it is willing to listen to the opinions of employers’ and workers’ representatives about matters on radiation safety and management. The Committee requests the Government to provide information on consultations with representatives of employers and workers held in this respect.

Articles 9, 10 and 12. Appropriate warnings, adequate instruction, notification and medical examinations. The Committee notes the information provided by the Government in reply to its previous comments concerning Article 9(1) of the Convention on appropriate warnings, Articles 9(2) and 12 on adequate instruction provided to workers and monitoring of health and Article 10 on notification of work involving exposure to radiation. The Committee requests the Government to continue to provide information on the application of these Articles in practice, as well as any further legislative developments in that regard.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes the Government’s statement that, when health examinations show that exposed workers’ health is likely to deteriorate due to the particular work, their continued employment in that work should be prohibited or restricted in accordance with the doctor’s diagnosis. The Government refers in this regard to section 45 of the Occupational Safety and Health Act, which provides that employers shall, for persons with an occupational disease which could worsen due to work, prohibit and restrict the work according to the doctor’s diagnosis. In this respect, the Committee would like to draw the Government’s attention to paragraph 40 of its general observation of 2015 on the Convention, which states that if it is medically inadvisable to subject a worker to further exposure to ionizing radiations, reasonable efforts should be made to provide such a worker with suitable alternative employment. Noting that section 45 of the Occupational Safety and Health Act refers to persons with an occupational disease, the Committee requests the Government to indicate if this provision also applies to situations before an illness has been declared, but after it has been determined that it is medically inadvisable for a worker to be assigned work involving exposure to ionizing radiations. The Committee also invites the Government to provide information on any measures taken or envisaged related to the provision of alternative employment in circumstances for which it has been determined that workers, for health reasons, may no longer continue in employment in which they are or could be subject to occupational exposure to radiations.

Article 15. Inspection services. The Committee previously noted the statement of the Federation of Korean Trade Unions (FKTU) that there was insufficient guidance in this field, as labour inspectors of the Ministry of Employment and Labour focused on punishment rather than prevention. The KCTU indicated for its part hat the Nuclear Safety and Security Commission, responsible for matters relating to radiation, did not deal with the health and safety of workers handling radiation. The Government replied that in the case of workplaces exposed to radiation, labour inspectors focused on prevention activities. Further to its request for additional information on the prevention activities carried out by labour inspectors, the Committee notes the Government’s statement that it conducted safety and health inspections of 284 non-destructive testing businesses in 2013, and notes the information on the materials distributed to such businesses. The Committee requests the Government to continue to provide information on the activities of the inspection services related to the application of the Convention in practice, including the number of inspections undertaken, the number and nature of violations detected, and the measures taken to address such violations.

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The Committee notes the detailed information provided by the Government in its first report on the application of the Convention, received on 2 September 2013, as well as the observations of the Federation of Korean Trade Unions (FKTU) and the Government’s reply thereto, annexed to the Government’s report. It also notes the observations of the Korean Confederation of Trade Unions (KCTU) received on 31 August 2013 and the Government’s reply dated 25 October 2013.

Article I and Part II of the Convention. Legislation. Consultation with employers’ and workers’ representatives concerning the application of the Convention. Monitoring mechanism of radiation in workplaces. Protective measures. The Committee notes that, in its observations, the KCTU underlines a number of problems regarding the legislation and the government monitoring mechanism of radiation in workplaces. In particular, the KCTU indicates that: the various radiation-related laws are not integrated; many ministries are responsible for this issue; safety measures, such as providing dosimeters in accordance with the Act on Nuclear Power, are applied only in approved workplaces and there are no provisions in the Occupational Safety and Health Act (OSH Act) which covers every workplace; and safety standards, such as maintaining a safe distance, preventive measures in case of radiation leakage, the provision of a dosimeter, etc. are not adequate. The KCTU adds that workers are inadequately informed of the harmful effects of radiation and that legislative provisions on health check-ups are inadequately applied in most workplaces. Furthermore, the KCTU indicates that the Nuclear Safety and Security Commission, responsible for all matters relating to radiation, does not deal with the health and safety of workers handling radiation and only inspects workplaces which have obtained permission to handle radiation. According to the KCTU, this represents only 1,000 of the 5,000 such workplaces reported to the Commission. Finally, the KCTU observes that, while the Act on Nuclear Power provides that only workers with a licence or national technical qualification can handle radioactive materials, many non-qualified workers handle radiation. Consequently, the KCTU seeks the unification of radiation-related laws and the strengthening of management and supervision, in addition to the tightening of safety measures related to radiation.

The Committee notes the Government’s indication in its reply that the Nuclear Safety Act, applied by the Nuclear Safety and Security Commission, provides for many measures protecting the health of workers engaged in various types of radiation work, notably by providing for health examinations and the measurement of radiation doses. The Government also indicates that the Occupational Safety and Health Act was recently amended to make it mandatory for workplaces handling radiation to provide their workers with special safety and health education relating to the harmful effects of radiation. With regard to health check-ups for workers, the Government specifies that it provides guidance and conducts inspections to ensure that workplaces conduct such check-ups for workers engaged in radiation work. The Government also points out that workplaces intending to handle radioactive isotopes should obtain permission from, or make a report to the Nuclear Safety and Security Commission, which then selects from among the high-risk workplaces and makes occasional or regular inspections of them. Finally, the Government adds that the Nuclear Safety Act permits only those who have obtained a license from the Nuclear Safety and Security Commission, are radiation management engineers, or have completed the required training and are under the direction of a qualified person, to perform radiation work. The Committee requests the Government to take the necessary measures to hold consultations with representatives of employers and workers on the issues raised by the KCTU, and to provide information on the outcome of such consultations. The Committee also asks the Government to continue to provide information on the measures taken or envisaged to ensure that the protective measures provided for in Part II of the Convention are implemented in practice.

Article 9. Appropriate warnings and adequate instruction for workers. The Committee notes that the Government’s report does not provide information on the measures taken to give effect to this Article of the Convention. With regard to the adequate instruction of workers directly engaged in radiation work, the Committee draws the Government’s attention to section 2.4 of the 1986 ILO code of practice on the radiation protection of workers, which contains general principles for informing, instructing and training workers. The Government is requested to indicate the measures taken or envisaged to give effect to this Article and to ensure that workers are adequately instructed in the precautions to be taken for their protection in conformity with Article 9(2) of the Convention.

Article 10. Notification of work involving exposure of workers to ionizing radiations. The Committee notes that the Government’s report does not provide information on laws or regulations requiring the notification of work involving exposure of workers to ionizing radiation and radioactive substances in the course of their work. The Committee asks the Government to indicate if any laws or regulations require notification and to indicate the measures taken or envisaged to give effect to this Article of the Convention.

Article 14. Continued employment of exposed workers and the provision of alternative employment. The Committee notes that the report does not contain information on the application of this provision. It invites the Government to take into account the terms of paragraphs 28–34 and 35(d) of its 1992 general observation on the Convention which, inter alia, refer to the need to find appropriate alternative employment for workers whose continued employment in a particular job is contraindicated for health reasons. The Committee requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to this Article of the Convention and to provide information on the account taken of the needs of workers whose continued employment in a particular job is contraindicated for health reasons.

Article 15. Inspection services. The Committee notes that, in its observations, the FKTU indicates that while the local employment and labour offices of the Ministry of Employment and Labour should conduct frequent inspections to determine whether employers are fulfilling their obligation to take measures to prevent health hazards caused by radiation to workers, the reality is that there is insufficient guidance and inspection, as labour inspectors focus on punishment rather than prevention. The Committee notes that, in its response, the Government indicates that in the case of workplaces exposed to radiation, labour inspectors focus on prevention activities, such as conducting inspections and providing education and technical materials. The Committee asks the Government to provide further details on the prevention activities carried out by labour inspectors in relation to the application of the Convention.

Part V of the report form. Application in practice. The Committee asks the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including information on any practical difficulties in the application of the Convention.