Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la igualdad de trato (accidentes del trabajo), 1925 (núm. 19) - República de Corea (Ratificación : 2001)

Article 1 of the Convention. Foreign fishers. The Committee notes the observations of the Korean Confederation of Trade Unions (KCTU) referring to the differences in determining the accident compensation for foreign and national fishers. More specifically, the accident compensation for national fishers is determined based on the ordinary wage and the average wage on board, which are established annually by the minimum wage notification of the Ministry of Oceans and Fisheries. In contrast, the accident compensation for foreign fishers is determined based on the minimum wage established by collective agreements. In 2024, the accident compensation for foreign fishers working on coastal water fishing vessels of 20 tons or more was determined based on the minimum wage of 2,304,927 KRW, which was lower than the ordinary wage (3,026,730 KRW), the average wage on board (5,296,780 KRW), as well as the minimum wage of national fishers (2,561,030 KRW) established by the minimum wage notification. The KCTU, therefore, points out that the accident compensation has been discriminatorily lower for foreign fishers.

The Committee notes the Government’s reply indicating the different wage systems applied to foreign and national fishers, which results in different determinations of the accident compensation. In particular, wages for national fishers usually include production allowances and pro rata pay based on catch performance, which are determined after the end of the fishing season. As a result, the minimum wage notification sets the fixed amounts of the ordinary wage and the average wage on board to ensure stable compensation for these fishers.

The Government further indicates that foreign fishers receive wages usually fixed under the standard employment contract, regardless of catch performance. The Government also indicates that the minimum wage notification does not apply to wages set as fixed amounts. According to the Government, foreign fishers with a fixed wage may enrol in accident compensation insurance, which provides compensation based on the actual wage rather than the minimum wage. The same rule applies to national fishers receiving fixed wages.

The Committee requests the Government to provide the following information: (i) the method used to determine accident compensation for national fishers who receive a fixed wage without performance allowances or pro rata pay; (ii) the method used to determine accident compensation for foreign fishers who receive performance allowances or pro rata pay; and (iii) the rationale behind setting accident compensation for foreign fishers at the level of their minimum wage rather than their actual average wage.