Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Republic of Korea (Ratification: 2008)

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 2(1) of the Convention. Continuous improvement of occupational safety and health in consultation with the most representative organizations of employers and workers. The Committee notes the information provided regarding the Third Five-Year Plan for Industrial Accident Prevention and its main components including: strategies to entrench voluntary accident prevention activities by establishing legal and institutional foundations; diversifying service delivery mechanisms; enhancing the effectiveness of projects; setting up disease prevention and control systems; raising awareness about occupational safety and health; and strengthening the administrative capacity. The Committee requests the Government to provide further information on the outcome of the main components of the Third Five-Year Plan for Industrial Accident Prevention. As regards other aspects of the continuous improvement process in consultation with the most representative organizations of employers and workers, the Committee refers to the information provided and its comments this year in the direct request and observation concerning the application of Article 4(1) of the Occupational Safety and Health Convention, 1981 (No. 155).

Article 2(2). Taking into account the principles set out in instruments of the ILO relevant to the promotional framework for occupational safety and health. The Committee notes that the Government’s report is silent regarding the effect given to this provision. The Committee requests the Government to provide additional information on the principles which have been taken into account.

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes the information provided regarding activities undertaken at different levels to promote occupational safety and health (OSH) in general based, inter alia, on the provision in article 2 of the Occupational Safety and Health Act (OSH Act) and on an enumeration of activities undertaken at the national, regional and enterprise levels to promote a safety culture. It also notes the reference made to the various obligations of the employers in the OSH Act, including in sections 5, 20, 31 and 43. The Committee notes, however, that no information is provided regarding measures taken to promote and advance the rights of workers to a safe and healthy working environment. The Committee requests the Government to provide information on action taken at the national, regional, enterprise or other levels to promote and advance the rights of workers to a safe and healthy working environment.

Article 3(3). Measures taken to promote the basic principles and to develop a national preventative safety and health culture. The Committee notes that the current national policy has a clear focus on risk assessment (Strategy A1) and the OSH Act and the current Five-Year Plan appears to place due emphasis on information and training. However, no information is provided regarding the principle to combating risks at source. The Committee requests the Government to provide further information regarding measures taken to promote the basic principle of combating risks at source in formulating national policies. As regards the required consultations with the social partners, reference is made to the comment under Article 2(1) above.

Article 4(2)(d). Cooperation between management, workers and their representatives. The Committee notes the information that section 19 of the OSH Act stipulates that, in order to deliberate and resolve important matters concerning OSH, the employer should establish and operate an OSH committee, composed of equal numbers of workers’ and employers’ representatives, to deliberate and take decisions on important OSH matters at enterprise level. The Committee also notes that section 19(8) entitles the Government to regulate in further detail the purpose and scope of the OSH committees provided for in section 19 of the OSH Act. The Committee requests the Government to provide further information on whether further legislation has been adopted to regulate the establishment and operation of OSH committees at the level of the enterprise and, in particular, whether section 19 of the OSH Act applies to all businesses, irrespective of size.

Article 4(3)(d). Occupational health services. The Committee notes that the Government’s report is silent as regards occupational health services. The Committee requests the Government to provide further information on measures taken, as appropriate, to establish, maintain, progressively develop and periodically review its provision of occupational health services.

Article 4(3)(g). Collaboration with insurance and social security schemes for occupational injuries and diseases. The Committee notes the information provided regarding the compensation offered to workers under the Industrial Accident Compensation Insurance Act, but that no information is provided regarding the collaboration between the insurance providers and other relevant government authorities involved in the national OSH policy process. The Committee requests the Government to provide further information on collaboration with insurance and social security schemes for occupational injuries and diseases.

Article 4(3)(h). OSH in micro-enterprises, in small and medium-sized enterprises (SMEs) and in the informal economy. The Committee notes the reference made in this context by the Government to its general duty under section 4 of the OSH Act to provide support and guidance for the prevention of accidents and diseases for workplaces where accidents and diseases occur frequently, but that no specific information is provided regarding any support mechanisms for micro-enterprises, SMEs and the informal economy. The Committee requests the Government to provide further information on measures taken, as appropriate, to establish, maintain, progressively develop and periodically review its support mechanisms for micro-enterprises, in small and medium-sized enterprises and in the informal economy.

Article 5(2)(d). Objectives, targets and indicators of progress. The Committee notes the reference made by the Government in its report that, when the national plan was established, the objectives, target numbers, performance indicators and future tasks were set up on the basis of the results of the analysis of various safety and health culture projects and safety and health promotion projects conducted from 2005 to 2009. With reference also to its direct request concerning the application of Article 4(1) of Convention No. 155, the Committee requests the Government to provide further information on the objectives, targets and indicators of progress used.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistical information made available by the Government. The Committee requests the Government to continue to provide references to available statistical data and to provide further information on any specific measures taken to address relevant trends in this context.