Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Republic of Korea (Ratification: 1999)

The Committee notes the observations from the Korea Employers’ Federation (KEF), transmitted together with the Government’s report.

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the information provided by the Government regarding the tripartite consultations held on matters covered by Article 5(1) of the Convention during the reporting period. The Government refers to the establishment of the International Labour Policy Working Group Meeting under the International Policy Council to conduct flexible and prompt consultations and convene other meetings, as necessary, including the Tripartite Forum on the ILO Report on the Future of Work (March 2019) and the Tripartite Preparatory Meeting for the 109th Session of the International Labour Conference (May 2021). In addition, the Economic, Social and Labour Council (ESLC) was established on 20 July 2018 as a tripartite consultation body to discuss employment and labour policies as well as relevant economic and social policies, and to seek policy direction. Moreover, the Government reports that tripartite consultations were held during the reporting period regarding the possibility of ratifying the Forced Labour Convention, 1930 (No. 29), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). In this respect, it refers to the establishment of the Committee for the Improvement of Laws, Measures, and Practices within the ESLC with the aim of holding tripartite consultations on reviewing laws and measures required for the ratification of the ILO fundamental Conventions as a top priority from July 2018 to May 2019. The Committee notes the observations of the KEF, which points out that, while tripartite consultations were held with regard to the revision of labour laws with the objective of ratification of the ILO fundamental Conventions mentioned, no consensus was reached due to divergent opinions. The Government indicates that recommendations containing measures to amend the Trade Union and Labor Relations Act (TULRAA) to ratify the ILO fundamental Conventions were made by public interest members. Subsequently, the TULRAA was amended on 9 December 2020, in accordance with these recommendations, and after discussions on the bill at the National Assembly. The Government adds that, in the framework of the ESCL, the social partners also reached a tripartite agreement to improve the workers’ representative system. They continued to hold active discussions on a range of labour relations issues, including protection of the fundamental rights of the dependent self-employed. In this context, the Committee notes with interest that Conventions Nos 29, 87 and 98 were ratified on 20 April 2021. Finally, the Committee notes the Government’s indication that written comments are requested from the social partners in relation to the annual reports on unratified and ratified Conventions pursuant to articles 19 and 22 of the ILO Constitution, respectively. The Government adds that the comments received are sent to the ILO together with the corresponding government replies. The Committee requests the Government to continue to provide detailed updated information on the content and the outcome of tripartite consultations held on all matters concerning international labour standards covered by Article 5(1) of the Convention.