Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

With reference to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

Article 12, paragraph 1(a) and (b), of the Convention. Right of inspectors to enter workplaces freely. Time when inspections are carried out. The Government indicates that the Work Guideline for Labour Inspectors requires inspectors to give advanced notice of the plan of inspection in writing if there is no special reason not to do so, but that they may also carry out inspections without prior notice. However, it does not indicate the time periods during which inspections may be carried out. The Committee emphasizes that the above provisions of the Convention, under which inspectors shall be empowered “to enter freely … at any hour of the day or night any workplace liable to inspection” and “to enter by day any premises which they have reasonable cause to believe to be liable to inspection” are intended to enable them to carry out inspections wherever necessary and whenever possible according to the technical requirements, with a view to ensuring the protection of workers. According to the Government’s indications in its report received in 2006, this issue will be clarified in the next revision of the related laws. The Committee requests the Government to keep the Office informed of any development in this respect and to indicate whether the guidelines applicable to inspectors have been supplemented to give full effect to each of the provisions of Article 12, paragraph 1.

Articles 20 and 21. Publication and communication to the ILO of an annual inspection report. Noting the information provided by the Government that the “White Paper on Labour” published by the Ministry of Labour instead of an annual report is circulated to public institutions and workers’ and employers’ organizations, the Committee would be grateful if the Government would provide information on the content of this document, and particularly whether it contains the information required by Article 21, and if it would provide a copy within the time limits set out in Article 20.