2. Economic Exploitation (Article 32)
Guarantee of the Children’s Right of Labor (CRC/C/KOR/3-4, para. 499~502 and
522~523; CRC/C/KOR/Q/3-4, para. 45~45-3)
92. According to the Supplementary Survey of the Economically Active
Population Survey released in August 2009 by the Statistics Korea, every one in five
children aged 15~19 had a paid job, but 63.7% of them were paid less than the statutory
minimum wage. The Survey also found that 18.5% of them worked longer than 7 hours
a day (which is the statutory maximum workday for children) and only less than 10%
were offered statutory working conditions, including social insurance programs and
retirement pay. Furthermore, they suffered verbal or physical violence or sexual
harassment from customers, employers or senior workers while at work. At some
workplaces, the employer instructs a child worker to take time off while he/she is not
busy (for example, there are few customers at the store) and does not pay him/her for
the time (so called ‘non-paid idle hours’).
93. The Periodic Report and the Additional Report mentioned the Government’s
effort to protect children’s right of labor by specifying the length of workday,
implementing the ban on overtime work in excess of 40 hours a week (as is prescribed
in the Labor Standards Act), detecting the violating employers for correction or
punishment and giving education for employers, teachers and children. Still, this effort
is not enough at all. About half of the working children are employed at a business with
4 workers or fewer, which is not bound by the provisions of the Labor Standards Act on
the ban of dismissal without reasonable justification, the restriction of extended work or
additional pay for extended, nighttime or holiday hours of work. Moreover, there are no
legal provisions that regulate irregular labor practices, such as non-paid idle hours
(practically corresponding to the stand-by waiting the given working time). The labor
inspection to detect law violations is not properly administrated: as an advance notice is
given before an inspection is conducted, its effectiveness is not secured; and the
checklist of labor inspection simply enumerates the provisions contained in the law,
omitting many of the matters that should be checked. Furthermore, the contents of labor
rights contained in the school textbooks are not adequate, either.
94. The NHRCK recommended in February 2010 that the Government,
with a view to guaranteeing children‘s right of labor, should revise the relevant
provisions of the Labor Standards Act; take preventive actions to reinforce
inspection and supervision on the businesses employing children and provide
education for the employers; identify the accurate status of the practice of not
paying for idle hours and find a solution to eliminate the practice; and make the
education on labor rights a compulsory part of the school curriculum. The
Government should take measures to implement this recommendation.
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