The following article presents updates on the plan by the Ministry of Employment and Labor (the “MOEL”) regarding labor inspections for 2023.
 
Considering the current Administration’s labor policy that focuses on establishing a fair labor market by enforcing the rule of law in labor and employment relations, it is expected that the MOEL will reinforce its labor inspections in areas where the risk of potential violations of labor law is high.  The details of the plan in 2023 based on press release issued by the MOEL are as follows:
 

1. Regular Inspection

• A regular inspection is conducted on a periodic basis in accordance with the labor inspection plan established at the beginning of each year.

• Regular inspections are expected to focus on businesses that employ a large number of vulnerable groups, such as young employees, women, or foreign laborers, businesses where employees work long hours, and businesses that are suspected of unfair labor practices.

2. Ad Hoc Inspection

• An ad hoc inspection is conducted in industries/sectors that is usually perceived to have poor HR management system by the MOEL.

• In particular, such inspections are expected to be conducted on businesses that are suspected of (i) misuse/abuse of the comprehensive wage system or the fixed overtime allowance, (ii) delaying the payment of wages, and (iii) unfair labor practices.  In addition, businesses that are vulnerable to workplace harassment due to a toxic work environment and businesses that are likely to experience difficulties in managing labor relations due to rapid growth, such as platform businesses, are expected to be subject to an ad hoc inspection as well.

• An ad hoc inspection will also be conducted based on reports or petitions alleging violations of labor law.

3. Special Inspection

• A special inspection is a comprehensive labor inspection conducted on businesses that have been subject to public criticism for its serious violation of the law, such as workplace harassment or unfair labor practices.

The MOEL has recently issued press releases on outcomes of labor inspections in many cases to prevent the recurrence of similar cases, and this practice is expected to continue in 2023.  Therefore, companies should be mindful that the results of labor inspections could have a significant impact on their reputation.
 
The MOEL’s plan for labor inspections for 2023 in detail is expected to be released soon.

[Korean Version]