ILO 제29호(강제근로) 협약 비준과 국내법의 정합성

Abstract

Among the basic ILO agreements, the 29th Convention was divided by the National Assembly on February 26, 2021, like the 87th and 98th Conventions, and took effect on April 20, 2022. Among the basic agreements, the term "Forced Labor" in the Convention on Compulsory Work (No. 29) means "all labor or services that are not voluntarily requested by the threat of sanctions." As exceptions to this, (i) pure military work, (ii) forced work through court rulings, and (i) forced work in urgent cases that jeopardize the survival and well-being of residents are recognized. With the ratification of the Compulsory Work Agreement (hereinafter referred to as "forced work") under the Labor Standards Act, the issue that can be problematic under domestic law is not "forced work" but through "alternative service system" under the Military Service Act and "work of inmates" under the Criminal Act. First of all, specific situations should be considered because not all countries can fully comply with the ILO Convention in relation to the alternative service system (social service personnel system) under the Military Service Act. Under the Military Service Act, special circumstances such as the inter-Korean division of service in Korea, and (ii) the revision of the 2021 Military Service Act may consider military deployment suitable for illness and mental and physical disability among active soldiers. Second, the prisoner's "outside commuting work" is required to prepare an "outside commuting work agreement" in Article 6, which is the Ministry of Justice's "outside commuting work" with the prisoner's consent, and (ii) prefer outside commuting work to rest. For this reason, it is difficult to say that the prisoner's external commute itself constitutes forced work.