C) Protection of the Special Form of Workers and Constitutional Significance of
Forced Labor
According to the 2019 NHRCK’s human rights survey,550) the cargo workers were more
likely to get work through platform, rather than from fixed customers, as many logistics
platforms have been created in the field of cargo transportation. On the one hand, they seem
to be able to freely choose their working hours, but it turns out that they are working super
long hours, close to 14 hours a day, 6 days a week.
There seems to be a social consensus on the need for specific measures, as long hours of
work and overloading of workers in the freight transportation field can cause various safety
problems. Moreover, due to technological development, social changes, and changes in
labor, fundamental changes are needed to protect the workers through labor laws, including
expanding the concepts of workers and employers subjected to labor-related laws and
relaxing the worker indicators.
On the other hand, it is necessary to consider the constitutional meaning of forced labor as
related to the order for commencement and under what circumstances it can be permitted.
Since the founding of Korea, no law or system stipulated extreme forms of forced labor, such
as forced labor under the Japanese colonial rule.551) As a result, no constitutional disputes
have arisen over issues of indirect, compulsory provision of labor in the Korean society, such
as work in detention facilities, fulfillment of military service obligations, and the social
service system.552)
However, forced labor is strictly prohibited, as Article 12(1) of the Constitution stipulates
that “no person shall be subjected to involuntary labor except as provided by the law,” and
international human rights standards, such as Article 8(3) of the ICCPR and ILO
Conventions No. 29 and No. 150,553) except for some exceptional cases. In other words, in
550) NHRCK Human Rights Status Survey, Survey of Platform Workers’ Human Rights Status, Nov. 2019.
551) However, cases in which individuals with intellectual disabilities were subjected to forced labor under slavish
confinement, and human rights violations against children, the homeless, and the disabled in shelters for multiple
people in the past have become social problems.
552) Jeong, Young-hun, Review on the Principle of Prohibition of Forced Labor Under the Constitution, 2018.
553) The Constitutional Court considers that the above provision of the ICCPR has the same purpose as the latter part of
Article 12(1) of the Constitution (Constitutional Court, Jul. 16, 1998, 97HunBa23.), and Korea ratified ILO Convention
No. 29, which came into effect on Apr. 20, 2022.
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