Labour Administration Convention, 1978 (No. 150) - Republic of Korea (Ratification: 1997)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) together.

The Committee notes the observations of the Federation of Korean Trade Unions (FKTU) and the Korean Confederation of Trade Unions (KCTU) on Convention No. 81, received in 2024, and the Government’s responses thereto. It also notes the observations of the FKTU on Convention No. 150, received in 2024, and the Government’s response thereto.

Labour inspection

Article 3 of Convention No. 81. Primary functions of labour inspectors. Dispute resolution. Following its previous comments regarding the role of labour inspectors in labour dispute settlement, the Committee notes the Government’s indication in its report that, on average, 55.6 per cent of reported cases are closed by agreement between the parties, and that, in 2023, labour inspectors spent, on average, 37.1 days on dispute settlement, which represented a 26.9 per cent decrease compared to 2018. The Committee also notes the statistics provided by the Government regarding the number of complaints that resulted in prosecutions, as well as the Government’s indication that it cannot disclose the specific types of sanctions imposed. The Committeerequests the Government to continue to indicate the time and resources spent by the labour inspectorate on dispute settlement, compared to their primary duties.

Articles 5(a) and 7. Effective cooperation and adequate training. Following its previous request on the coherence between internal administrative interpretations and Supreme court precedents, the Committee notes the Government’s indication that the Ministry of Employment and Labour (MOEL) has implemented a training recommendation system tailored to each inspector, which includes training on judicial interpretation. The Government also indicates that the MOEL modifies its administrative interpretation according to the intention of decisions made by the Supreme Court, to avoid confusions in the field. The Committee takes note of this information, which addresses its previous request.

Articles 5(a) and 17. Cooperation with other government services the justice system. Following its previous comments, the Committee notes the Government’s statistics for 2023, indicating 67,185 administrative corrections and 69 judicial actions initiated for 22,151 workplaces subject to regular inspections, while 31,695 administrative corrections and 514 judicial actions were initiated for 5,969 workplaces subject to special inspections. The Government further indicates that, excluding occupational safety and health (OSH), 43,848 cases have been handled in 2023 through judicial action, compared to 51,875 in 2021. The KCTU nevertheless indicates in its observations that less than 1 per cent of the total number of inspected workplaces covers OSH each year, and that even less cases are referred to courts. In response, the Government indicates that since it introduced “risk assessment specialized inspections” in 2023, which prioritize corrective actions, the number of administrative fines and judicial cases decreased. The Committee requests the Government to provide further information on how the labour inspectorate receive information on the outcomes of cases referred for judicial action, and the regularity of this information-sharing. The Committee requests the Government to indicate whether it is left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings, in accordance with Article 17(2).

Article 5(b). Collaboration of the labour inspection with employers and workers and their organizations. Regarding the collaboration between the labour inspectorate and employers and workers or their organizations, including when investigating accidents, the Committee notes that the Government refers to section 14 of the Work Guidelines for Labour Inspectors, providing that workplace inspections should involve the participation of workers. According to the KCTU’s observations, however, changes to existing procedures have restricted the participation of trade unions, and in practice, workers’ representatives and honorary industrial safety inspectors are rarely notified of inspections. In addition, according to the KCTU, since 2022, the MOEL has refused to disclose the list of workplaces where serious accidents have occurred. The Committee notes that in its response, the Government indicates that: (i) workplaces with serious industrial accidents are publicly announced once a year, pursuant to the OSH Act, and twice a year pursuant to the Serious Accidents Punishments Act, but disclosure of investigation results into accident causes are currently legally restricted; and (ii) it may not be always appropriate for unions to directly participate in these investigations, so the decision is left to the investigative authorities. The Committee requests the Government to provide further information on the measures taken to promote collaboration between the labour inspectorate and employers and workers or their organizations, including when investigating accidents.

Articles 6 and 15(a) and (c). Independence, professional integrity of labour inspectors, and their duty of confidentiality. Following its previous comments on this matter, the Committee notes the information provided by the Government regarding awareness-raising materials created regarding the Code of Conduct and the training conducted. The Government also refers to the Operation Guidelines on the Prevention of Conflict of Interest for Public Servants at the MOEL, implemented as of May 2022, to prevent conflicts of interest that may arise for public servants in the performance of their duties. The Committee also notes the Government’s indication that there were five cases of violation of the Code of Conduct by labour inspectors during the reporting period, resulting in two pay cuts, two suspensions, and one demotion. The Committee further notes the observations of the FKTU, according to which some labour inspectors negligently refer cases of workplace harassment back to the workplace, or pressure victims of wage arrears to withdraw their complaints. The Committee requests the Government to continue to provide information onthe application of: (i) the Operation Guidelines on the Prevention of Conflict of Interest for Public Servants at the MOEL, as concerns labour inspectors; and (ii) the Code of Conduct.

Article 16. Adequate frequency and thoroughness of inspections to secure compliance. Follow-up visits. The Committee notes the Government’s response to its previous comments on this matter, that additional follow-up visits are conducted when verification cannot be done through documents in the corrective action reports submitted by the employer. In addition, the Government indicates that around 2,000 workplaces were subject to more than two follow-up inspections out of 15,000 workplaces who submitted corrective action reports. The KCTU, in their observations, refers to a new direction for OSH inspections, including on-site verification checks and re-inspections, announced by the Government in 2022, which received strong support from the union. The Committee requests the Government to provide information on any developments in the procedures and the criteria to determine whether to conduct follow-up visits. It requests the Government to continue to indicate the number of follow-up visits conducted in response to an unsatisfactory corrective action report, particularly in the area of OSH.

Articles 20 and 21. Publication and communication to the ILO of an annual report. Following its previous comments on this matter, the Committee welcomes that the extracts of the annual Employment and Labour White Paper provided by the Government, contain all the information required by Article 21 of the Convention, including on the number of workplaces liable to labour inspection (Article 21(c)). The Committee takes note of this information, which addresses its previous request.

Labour administration

Article 7 of Convention No. 150. Extension of the functions of the labour administration to workers who are not employees. Following its previous comments, the Committee notes the Government’s indication in its report that non-regular workers such as part-time and dispatched workers, are already covered by the labour administration system. The Government indicates that it is expanding policy areas to cover self-employed individuals and labour providers, including through the extension of employment insurance and industrial accident insurance coverage. The Committee notes the observation by FKTU that gaps in coverage and other issues remain, including the misclassification of platform workers, among others. In response, the Government refers to a range of measures and initiatives undertaken, including the elaboration of a Common Standard Contract for labour providers, such as platform workers, to promote fair contractual practices and addressing discriminatory treatment against non-regular workers through inspections. With reference to paragraph 167 of its 2024 General Survey, Labour administration in a changing world of work, the Committee requests the Government to continue to provide information on the measures taken or envisaged to protect workers who are not, in law, employed persons, such as platform workers and self-employed workers.

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

The Committee notes the observations from the Federation of Korean Trade Unions (FKTU), received on 31 August 2015, and the Government’s reply thereto.

The Committee also notes the information provided by the Government in reply to its previous requests concerning Article 3 of the Convention, on the regulation of activities in the field of national labour policy through direct negotiations between employers’ and workers’ organizations, and Article 4, on the priorities and the organization of the Ministry of Employment and Labor.

Article 6(2)(a). National employment policy. The Committee notes the information provided by the Government with respect to its employment policy, and the observations of the FKTU thereon. It refers, in this regard, to its comments made under the Employment Policy Convention, 1964 (No. 122).

Article 7. Extension of the functions of the labour administration to workers who are not employees. The Committee notes the information provided by the Government, in response to the Committee’s request concerning the progressive extension of the labour administration system, that as of March 2015, approximately 32 per cent of waged workers were non-regular workers. The Government indicates that it is making efforts to protect workers from unlawful agency work by identifying companies illegally hiring dispatched workers, by making orders that employers directly hire their workers, and by taking judicial action, including 153 such cases in 2012, 107 cases in 2013 and 25 cases in 2014. The Government indicates that the prohibition of discrimination against dispatched workers was expanded to include wages, bonuses, performance-based pay and other working conditions in September 2013. In September 2014, the Government introduced a system that permits, when a corrective order is issued against discriminatory treatment, for the scope of the order to allow further investigation concerning other workers.

The Committee notes the statement that the Government’s figure of 32 per cent refers to non-regular workers in a narrow sense, and that non-regular workers in fact represent 44.6 per cent of wage workers. The Government replies that its definition of non-regular workers was agreed upon at the Economic and Social Development Commission, which included representatives of workers, employers and the Government. Noting that the figures provided by the Government and the FKTU both indicate that non-regular workers constitute a significant proportion of wage workers, the Committee requests the Government to continue to provide information on the efforts made to progressively extend the functions of the labour administration system relating to the conditions of work and working life to categories of workers who are not, in law, employed persons.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Also with reference to its observation, the Committee wishes to raise the following point.

Article 3 of the Convention. Regulation of activities in the field of national labour policy through direct negotiations between employers’ and workers’ organizations. The Committee notes the information supplied by the Government on the extension of collective agreements.

The Committee also notes the Government’s indication that, after three years of discussions within the Tripartite Commission on the Roadmap for Industrial Relations Reform, the meeting of tripartite representatives decided in September 2006 to maintain existing criteria concerning subjects that are obligatory to deal with through collective bargaining. The Committee requests the Government to provide information on the subjects which must, under the law, be dealt with through collective bargaining and also on the current status of discussions within the Tripartite Commission on the Roadmap for Industrial Relations Reform and the possible impact of the roadmap on the application of Article 3 of the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 4, 6 and 10 of the Convention. Organization and functions of the system of labour administration and material means allocated. In its previous comments the Committee had welcomed the extension of the functions of the system of labour administration and the substantial increase in the share of the national budget allocated to the labour administration system during the 1999–2005 period. The Committee again notes with satisfaction the information sent by the Government to the effect that the Ministry of Labour was renamed the Ministry of Employment and Labour in July 2010 and extended its operations to include job creation and skills development; in addition, the Ministry’s budget currently represents 4.2 per cent of the total Government budget and has shown a regular increase of 7 per cent per year since 2006. The Committee requests the Government to provide information on the priorities established by the Ministry and their impact on, firstly, the national labour policy and the effective operation of the labour administration system. The Government is also requested to send an updated organization chart of the Ministry of Employment and Labour.

Article 7. Extension of the functions of the labour administration to workers who are not employees. In its previous comments the Committee asked the Government to clarify which workers belonged to the “non-standard workforce” category and to indicate the reasons why the issue of the extension of the protection of the labour administration system to these workers, brought before the National Assembly in November 2004, was excluded from the Roadmap for Industrial Relations Reform. The Committee notes the Government’s indication that workers engaged in non-traditional forms of work are not covered by the labour legislation because they are not considered as being in an employment relationship. The Government refers to the examples of golf caddies, private teachers, insurance agents and concrete truck owner-drivers, and adds that the protection of this category of workers is the subject of discussions between representatives of the Government and those of the employers and workers.

In this context, the Committee notes the conclusions and recommendations of the Committee on Freedom of Association in Case No. 2602 concerning subcontracted workers in the metallurgical industry who, because of their status, are deprived of the legal protection established by the Trade Union and Labour Relations Adjustment Act (TULRAA) [see 359th Report of the Committee, paragraphs 342–370]. This case is concerned with “illegal dispatch”, a form of false subcontracting which disguises the existence of an employment relationship. The Committee notes with interest in this regard, the decision of the Supreme Court of 22 July 2010, which considered that anyone who has worked for more than two consecutive years in a factory is not subcontracted but “illegally dispatched” and therefore must be considered as a worker directly employed by the enterprise. The Committee would be grateful if the Government would provide details of the categories and number of workers engaged in non traditional forms of work (“non-standard workforce”) and also on any measures taken or contemplated, to favour, in the light of the abovementioned Supreme Court decision, the progressive extension of the protection of the labour administration system to categories of workers who are not, in law, employed persons.

Part VI of the report form. The Government indicates that it has not received any comments from the employers’ and workers’ organizations further to sending them its report. The Committee again requests the Government to indicate any observations made by the employers’ and workers’ organizations within the tripartite labour administration bodies, or, if applicable, in other contexts, regarding the application in practice of the provisions of the Convention or the application of legislative or other measures giving effect to the provisions of the Convention, and also any remark on such observations that the Government considers relevant.

The Committee is raising other points in a request addressed directly to the Government.

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

With reference to its observation, the Committee requests the Government to provide additional information on the following points raised in its previous comments.

Article 3 of the Convention. While noting the legislative and practical information concerning the application of this provision, the Committee would be grateful if the Government would indicate the fields of labour legislation covered by the collective agreements of which the extension has been discussed in the Labour Relations Commission since 2000. It also requests the Government to provide further information on the reasons for which the extension of one agreement was recognized, while it was dismissed for another and a third agreement was rejected.

According to information available on the Government web site, and in the Korea Labor Review (July-August 2005), a reform of industrial relations has been under way since 2003 intended to adapt industrial relations legislation and institutions to the changing environment. The objective is to establish reasonable and equitable rules compatible with international labour standards and incorporating the demands of the social partners relating to industrial relations at the national and international levels. The formulation of a Roadmap for Industrial Relations Reform for this purpose involves, among other matters, determining the criteria for identifying subjects which should be addressed mandatorily by collective bargaining. The Committee requests the Government to keep the Office informed of the outcome of the discussions held with the social partners on this subject.

Article 7. The Committee would be grateful if the Government would indicate precisely the workers in the “non-standard workforce” category and indicate the reasons why the issue of the extension of the protection of the labour administration system to these workers, brought before the National Assembly in November 2004, was excluded from the Roadmap.

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

The Committee notes with satisfaction the information and documents provided by the Government in reply to its previous comments and reporting:

(1)   the extension in law and practice of the functions of the labour administration system, such as the organization and financing of training, with the support of local governments, awareness raising on the value for self-employed workers, such as farmers and fishermen, to take out unemployment insurance on a voluntary basis (Article 7 of the Convention);

(2)   the substantial increase (from 0.5 per cent to 3.9 per cent) of the national budget allocated to the labour administration system during the period 1999‑2005. The Committee notes in this respect the analysis of the financial situation of the Ministry of Labour (MOL) and the utilization of resources to improve the employment and training situation, collaboration with the social partners and the prevention of employment accidents. In particular, the Committee notes with interest the information on the allocation of resources between the various programmes: employment insurance covering unemployment benefit; protection of wages; and the promotion of employment for the disabled.

Noting that, although the Government considers the amount of the budget to be insufficient to perform the duties of the labour administration satisfactorily, its proportion of the national budget is nevertheless reasonable, the Committee requests the Government to continue providing information on developments in the efforts made to improve the application of the Convention.

Noting that, in the view of the Government, workers’ and employers’ organizations should send their comments on the report directly to the Office, the Committee requests the Government to indicate any observations made by employers’ and workers’ organizations in the tripartite bodies of the labour administration or, where appropriate, in any other context on the effect given in practice to the provisions of the Convention or on the application of legislative or other measures which give effect to the Convention. Where appropriate, please provide any comment that the Government considers useful in relation to such observations.

The Committee is addressing a request directly to the Government on other matters.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 previous direct request, which read as follows:

The Committee asks the Government to communicate additional information regarding the following points.

Article 3 of the Convention. Referring to its previous comments, the Committee notes the Government’s reply, according to which there do not exist particular activities in the field of its national labour policy as being matters that may be regulated by having recourse to collective negotiations. It observes, however, that sections 35 and 36 of the Law on Trade Unions and Settlement of Labour Relations provide for the extension of collective agreements. In this regard, it recalls its developments on the question contained in paragraphs 57 and 58 of its General Survey of 1997 on labour administration, according to which collective agreements are an important means of creating national labour standards. These standards may supplement legislative and regulatory texts in specific fields, it being understood that they may not lay down standards less stringent than those prescribed by law, or they may also lay down the basic labour standards that the laws and regulations may complete. The Committee also stressed that, although in many countries the negotiation of collective agreements lies within the competence of the social partners, public authorities intervene particularly by extending such agreements to others. In the light of the above developments, the Government is requested to provide information on the manner in which these provisions of the Convention have been given effect in practice.

Article 7. The Government indicates in its report that the functions of the labour administration system are progressively extended to a certain number of categories of persons. In this regard, the Committee notes with interest that, under section 16 of the Law on the Promotion of Vocational Training, the vocational programmes conducted by the Government are also open to full-time tenants and fishermen. The Committee would appreciate receiving information on the application in practice of this legal provision and to keep the Office informed on any future extension of the functions of the system of labour administration to the other categories of persons mentioned in points (a) to (d) of this Article of the Convention.

Article 10, paragraph 2. The Committee notes that the Ministry of Labour budget for 1999 amounted to 0.55 per cent of the state budget. It asks the Government to indicate the evolution of the proportion of the Ministry of Labour budget in comparison with the state budget and to give its appreciation concerning the question of the suitability of the resources to the performance of the labour administration’s duties.

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

The Committee takes note of the Government’s report and of the documents attached to it. It asks the Government to communicate additional information regarding the following points.

Article 3 of the Convention. Referring to its previous comments, the Committee notes the Government’s reply, according to which there do not exist particular activities in the field of its national labour policy as being matters that may be regulated by having recourse to collective negotiations. It observes, however, that sections 35 and 36 of the Law on Trade Unions and Settlement of Labour Relations provide for the extension of collective agreements. In this regard, it recalls its developments on the question contained in paragraphs 57 and 58 of its General Survey of 1997 on labour administration, according to which collective agreements are an important means of creating national labour standards. These standards may supplement legislative and regulatory texts in specific fields, it being understood that they may not lay down standards less stringent than those prescribed by law, or they may also lay down the basic labour standards that the laws and regulations may complete. The Committee also stressed that, although in many countries the negotiation of collective agreements lies within the competence of the social partners, public authorities intervene particularly by extending such agreements to others. In the light of the above developments, the Government is requested to provide information on the manner in which these provisions of the Convention have been given effect in practice.

Article 7. The Government indicates in its report that the functions of the labour administration system are progressively extended to a certain number of categories of persons. In this regard, the Committee notes with interest that, under section 16 of the Law on the Promotion of Vocational Training, the vocational programmes conducted by the Government are also open to full-time tenants and fishermen. The Committee would appreciate receiving information on the application in practice of this legal provision and to keep the Office informed on any future extension of the functions of the system of labour administration to the other categories of persons mentioned in points (a) to (d) of this Article of the Convention.

Article 10, paragraph 2. The Committee notes that the Ministry of Labour budget for 1999 amounted to 0.55 per cent of the state budget. It asks the Government to indicate the evolution of the proportion of the Ministry of Labour budget in comparison with the state budget and to give its appreciation concerning the question of the suitability of the resources to the performance of the labour administration’s duties.

Part VI of the report form. The Committee asks the Government to indicate in its next report if the latter has been communicated to the representative organizations of employers and workers and, if so, to communicate to the Office any comment made by these organizations concerning the application of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s first report received on 25 November 1999. It requests the Government to provide further information on the points raised below.

Article 3 of the Convention.  Referring to paragraphs 57 and 58 of its 1997 General Survey on labour administration, the Committee would be grateful if the Government would indicate whether there are particular activities in the field of national labour policy regarded as matters which are regulated by having recourse to direct negotiations between employers’ and workers’ organizations and provide relevant details.

Article 7.  Referring as well to paragraphs 128 to 137 of its abovementioned 1997 General Survey on labour administration, the Committee would appreciate if the Government would indicate whether the Government considers that national conditions require the promotion of the extension, by gradual stages if necessary, of the functions of the labour administration system to cover activities of the categories of workers listed in Article 7(a) to (d), and provide details on the measures taken or envisaged in this regard.

In addition, the Committee requests the Government to submit copies of the Regulation on Delegation or Entrustment of Administrative Mandates (Presidential Decree No. 16402), and of the Enforcement Rule on the Structure of the Ministry of Labour and its Auxiliary Organizations (MOL Decree No. 138) which were mentioned in the Government’s report.