The Ministry of Employment and Labor (“MOEL”) has been conducting labor inspections on an increasing number of workplaces, with approximately 18,000 inspected in 2015, 21,000 in 2016, 21,500 in 2017, and 26,000 in 2018.  Accordingly, more workplaces are likely to be subjected to labor inspections this year.  The MOEL is expected to further reinforce its labor inspection efforts as it has recently established a labor inspection policy division under the Labor Policy Office with a director-level officer in charge.  

In this regard, the MOEL has decided to conduct “general inspections” on more than 20,000 workplaces as it recognizes the need for periodic checkups covering five key labor issues – overdue wages, minimum wage, working hours, non-regular worker status, and unfair labor practices.  In particular, the labor authorities have announced plans to expand their list of workplaces subject to potential inspections, issue pre-inspection corrective orders, and, if such orders are not complied with, conduct full-fledged on-site inspections.  Thus, it is imperative that each company comply with the applicable regulations related to the above five key labor issues.  In case where a company gets included in the government’s list of workplaces to be subject to a periodic checkup, we highly recommend said company to conduct pre-inspection audits promptly to assess its compliance level, and if necessary, take corrective measures.  

Moreover, the MOEL has announced its resolve to conduct “surprise inspections” or “special inspections” regarding industries suspected of labor law violations and companies that have been reported in the media for workplace violations including assault, sexual harassment, and bullying.  It should be noted that pursuant to the “Guideline for the Inspection Policy,” cases that have been filed based on petitions for workplace violations are subject to “surprise inspections.”  As clearly demonstrated by labor inspections conducted last year on workplaces known for “gapjil” (bullying) incidents as well as those conducted on other industry players, it is imperative that every company pay close attention to not just its own worksite but also those within the same industry.  In case where “surprise inspections” or “special inspections” do uncover violations, the company’s chief executive officer may be subject to criminal prosecution in addition to fines.  

Considering the fact that the MOEL’s labor inspectors are the primary means of implementing key labor-related policies, each company needs to respond appropriately to rapidly changing labor policies.