On January 26, 2022, the Ministry of Employment and Labor (the "MOEL") announced the "Comprehensive Plan for Labor Inspection for 2022" (the "Comprehensive Plan”). We have summarized below the key points from the announcement.
1. Regular Inspection
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Regular inspection refers to the inspection conducted on a regular basis in accordance with the labor inspection plan established at the beginning of each year.
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The MOEL announced its 2022 plans to conduct regular inspections on small-scale businesses and businesses that employee a large number of vulnerable groups (such as young people and women). It will focus on preventing and supporting legal violations, rather than punishing for non-compliance.
2. Ad Hoc Inspection
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Ad hoc inspection refers to labor inspections that focus on industries/sectors with poor working conditions, in addition to regular inspections. In general, violations of labor laws are inspected more extensively over a longer period of time than regular inspections.
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The MOEL has stated that on a nationwide scale, it will review the ad hoc inspection of large franchises in which many young people are employed at. At a regional level, the MOEL announced that it will conduct ad hoc inspections on (1) online lecture/shopping companies in Seoul, (2) pharmaceutical manufacturers in Gyeonggi, (3) computer programming companies in Busan, (4) software development companies in Daegu, (5) public institutions under local governments in Gwangju, (6) mid-to large-sized distributors in Daejeon.
3. Special Inspection
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A special inspection is a comprehensive labor inspection conducted on the business place that has been subject to public criticism for its serious violation of the law. As such, an in-depth inspection is conducted over a long period of time.
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The MOEL has announced that it will conduct special inspections on workplaces that have violated laws and regulations that have caused social criticism, such as assault on workers, workplace harassment and sexual harassment.
In addition, the MOEL announced in its comprehensive plan that (1) the results of special and ad hoc inspections will be disclosed; and (2) the MOEL will systematically train labor inspectors and strengthen digital forensics analysis.
In addition to the recent increase in the number of labor inspectors and training, this year's labor inspection is expected to be more intensified than the previous year. Additionally, the recent labor inspections tend to be more complicated than in the past, with the involvement of various stakeholders, leading to, in some instances, criminal cases. In this regard, it is advisable for businesses to check for compliance with labor laws and prepare in advance for possible labor inspections.
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