E/C.12/KOR/CO/4
in its national social security system and benefit from welfare services, and ensure the
universal birth registration of children, irrespective of the status of the parents. The
Committee refers the State party to its statement dated 13 March 2017 on the duties of
States towards refugees and migrants under the International Covenant on Economic,
Social and Cultural Rights (E/C.12/2017/1).
Non-standard forms of employment
28.
The Committee remains concerned at the prevalence of non-standard forms of
employment, including long-term temporary employment, in spite of the adoption of
measures, such as act No. 8074 of 2006 on the protection of fixed-term and part-time
workers. Moreover, the Committee remains concerned that in order to minimize their
labour costs and transfer accident risks, large companies resort to practices involving
subcontracting, “dispatched labour” and the recruitment of individual contractors that
deprive workers of the protection of labour rights (art. 7).
29.
The Committee recommends that the State party take effective measures to
curb abuse of the forms of employment that do not fully protect workers’ rights. In
that regard, the Committee recommends that (a) the labour legislation cover all
categories of workers, including those who are working under the regime of
subcontracts or dispatched labour, or who are recruited as individual contractors; (b)
legislative and regulatory measures be taken to fully implement Supreme Court ruling
2007 Doo 1729, outlawing unreasonable non-renewal of contracts, including deterrent
penalties for contraveners; and (c) labour inspections effectively monitor abuse of
non-regular forms of employment.
Coverage of the labour and social security legislation
30.
The Committee is concerned that sectors such as agriculture, fisheries and domestic
work, where workers are exposed to unfair and unfavourable conditions of work, are
excluded from the labour standards act and other legislation protecting the right to just and
favourable conditions of work and the right to social security (arts. 7 and 9).
31.
The Committee urges the State party to expand coverage of the labour
standards act and other laws protecting workers’ right to just and favourable
conditions of work and the right to social security to all sectors of the economy.
Moreover, the Committee recommends that any distinct legislation applicable to
specific sectors, such as agriculture, fisheries and domestic work, do not provide for a
lower level of labour rights, but rather address the increased risk of infringement of
workers’ rights. The Committee refers the State party to paragraphs 47 (f) and (h) of
its general comment No. 23 (2016) on the right to just and favourable conditions of
work.
Adequate remuneration
32.
The Committee remains concerned that, in spite of the recent increase, the minimum
wage remains inadequate to enable workers and their families to enjoy a decent living. The
Committee is also concerned at the number of workers that are paid below the minimum
wage (art. 7).
33.
The Committee reiterates its recommendation that the State party ensure that
the minimum wage is at a level which would enable workers and their families to
enjoy an adequate standard of living. It also recommends that the minimum wage be
applicable in all sectors and enforced through labour inspections and dissuasive
penalties.
Gender wage gap
34.
The Committee is concerned that the gender wage gap has not narrowed in spite of
the measures taken by the State party (art. 7).
5