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

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

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.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 5 of the Convention. Effective tripartite consultations. The Committee welcomes the information provided by the Government regarding the tripartite consultations held in the International Labour Policy Council in 2016, 2017 and 2018 to discuss matters related to international labour standards. It notes that the Council met in May and September 2016 and discussed key items on the agenda of the 105th International Labour Conference (ILC), of the 16th Asia and the Pacific Regional Meeting and of the 328th Session of the ILO Governing Body as well as plans for tripartite delegations’ activities. The Government also indicates that the Council met in May and June 2017 and discussed key agenda items of the 106th ILC, plans for tripartite delegations’ activities and also conducted an assessment of the 107th ILC. Although the Committee notes that the Council discussed the possible ratification of ILO Conventions, it notes that the Government does not specify the Conventions discussed. The Government also indicates that the Council held a meeting in May 2018 in relation to key agenda items of the 107th ILC and plans for tripartite delegations’ activities. The Committee notes that when submitting reports under articles 19 and 22 of the ILO Constitution, the Government sends its observations to workers’ and employers’ groups and requests their observations, which it includes in the reports and submits them to the ILO. It also notes that the Government has gathered feedback from tripartite groups on the abrogation of Conventions and withdrawal of Recommendations, which was an item on the agenda for the 106th and the 107th ILC. The Committee requests the Government to continue to provide information on the activities of the International Labour Policy Council on the matters covered by the Convention. It also requests the Government to include in its next report detailed information about the outcome of the consultations held on each of the matters listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that from 2011 to 2014 tripartite consultations were held yearly among the representatives of the Government, employers and workers that attended the International Labour Conference. The Committee also notes that the International Labour Policy Council held meetings at the working level in 2013 and in 2015 in order to discuss matters related to international labour standards, such as the items on the agenda of the Conference (Article 5(1)(a)). The Committee requests the Government to provide more specific information on the content and outcome of the tripartite consultations held on each of the matters concerning international labour standards covered by the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Tripartite consultations required by the Convention. The Committee notes the report provided by the Government for the period from July 2010 to May 2012 and the observations submitted by the Federation of Korean Trade Unions (FKTU) in September 2012. It also notes the observations of the Korea Employers Federation (KEF), which were included in a position paper dated 8 August 2012. The Government reports that the International Labour Policy Council held meetings to discuss matters concerning the ratification of ILO Conventions. The Government further indicates that at a meeting held in December 2010, the Council approved a plan to pursue the ratification of the Unemployment Convention, 1919 (No. 2), the Forty-Hour Week Convention, 1935 (No. 47), the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), and the Occupational Cancer Convention, 1974 (No. 139). The Committee notes with interest that Conventions Nos 2, 47 and 139 were ratified in November 2011, along with the Radiation Protection Convention, 1960 (No. 115). The KEF indicates that the Government has held written discussions four times within the past five years to gather opinions from workers’ and employers’ representatives of the International Labour Policy Council on matters concerning the ratification of ILO Conventions, and undertook consultations at least once a year to discuss matters pertaining to Article 5 of the Convention. The FKTU indicates that the Government has not fully implemented Article 5(2) of the Convention, that is, to convene meetings of the International Labour Policy Council at least once a year. The Committee invites the Government to include in its next report information concerning the content and outcome of the consultations held on each of the matters listed in Article 5(1) of the Convention, including information regarding the frequency and the framework of these consultations (Article 5(2)). It also invites the Government to continue to provide information on the activities of the International Labour Policy Council on the matters covered by the Convention.

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

Tripartite consultations required under the Convention. The Committee notes the report provided by the Government for the period ending June 2010. It notes the outcomes of the exchanges held in 2008 and 2009 by the International Labour Policy Council which included a mid- and long-term plan for the ratification of international labour Conventions specifically for the ratification of Conventions Nos 95, 115 and 139. It invites the Government to include in its next report information on the content of the consultations held regarding each of the matters listed in Article 5(1) of the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Tripartite consultations required under the Convention. The Committee takes note of the information provided in the Government’s report, received in September 2008, in response to its 2007 comments. The Committee notes with interest that in the intervening period between the Government’s last report in 2007 and its present report, the Government ratified the Asbestos Convention, 1986 (No. 162), the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Committee also notes with interest that, in June 2008, the Council on International Labour Policies held consultations to plan the medium- and long-term ratification of ILO Conventions. The Government reports that the tripartite representatives have jointly drawn up a medium- and long-term plan to ratify the Conventions, and have actively cooperated to pursue this plan. The Committee welcomes the positive development described above and hopes to be kept informed of the activities of the Council on International Labour Policies.  It also invites the Government to continue to report regularly on the tripartite consultations held with regard to each of the matters listed in Article 5, paragraph 1, of the Convention.

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

Tripartite consultations required by the Convention. The Committee notes the replies provided by the Government in the report received in February 2007 in reply to its 2004 direct request. It notes with interest that, following tripartite consultations held in the Council on International Labour Policies, the Ministry of Labour requested the Ministry of Foreign Affairs and Trade to proceed with the ratification of Conventions Nos 29 and 185. It further indicates that it will pursue the ratification of Convention No. 105 taking into consideration the progress in the amendments of the criminal laws by the Ministry of Justice. The Committee would appreciate it if the Government would continue to report regularly on the tripartite consultations that have taken place with regard to each of the matters listed in Article 5, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2004 direct request, which read as follows:

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2004 and, in particular, Directive No. 536 of the Ministry of Labour on the rules of procedure of the Council on International Labour Policies, provided by the Government in the annex to its report. The Government states that the consultations held within this Council are crucial for the ratification of any Convention not yet ratified by the Republic of Korea and that they enable the participants to discuss in particular matters on the agenda of the International Labour Conference. The Committee requests the Government to provide more detailed information concerning the consultations held, in particular within the Council on International Labour Policies, on the matters set out in Article 5, paragraph 1, of the Convention, during the period covered by the next report, specifying their purpose and frequency and the nature of any reports or recommendations resulting from these consultations.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2004 and, in particular, Directive No. 536 of the Ministry of Labour on the rules of procedure of the Council on International Labour Policies, provided by the Government in the annex to its report. The Government states that the consultations held within this Council are crucial for the ratification of any Convention not yet ratified by the Republic of Korea and that they enable the participants to discuss in particular matters on the agenda of the International Labour Conference. The Committee requests the Government to provide more detailed information concerning the consultations held, in particular within the Council on International Labour Policies, on the matters set out in Article 5, paragraph 1, of the Convention, during the period covered by the next report, specifying their purpose and frequency and the nature of any reports or recommendations resulting from these consultations.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first report. It notes with interest the information concerning the consultations held on the items listed in Article 5 of the Convention, particularly those held in the Council on International Labour Policies. It requests the Government to continue to provide detailed information on the manner in which effect is given to the Convention. The Government is asked to send a copy of Directive No. 536 of the Ministry of Labour, mentioned in its first report.