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SF: Support Korean Workers General Strike-Free The Jailed Trade Unionists
Date:
Wednesday, November 15, 2006
Time:
12:00 AM
-
1:00 AM
Event Type:
Protest
Organizer/Author:
Transport Workers Solidarity Committee
Location Details:
3500 Clay St/Laurel
San Francisco
San Francisco
Support 11/15/2006 Korean General Strike
Solidarity Action At Korean Consulate In SF
Free Jailed Trade Unionists And Drop Criminal Charges Against Union Leaders and Activists
Eliminate Repressive Anti-Labor Legislation "9-11 Deal"
Stop Gender Discrimination Against Korean Women Workers
November 15, 2006 12:00 Noon
3500 Clay St./Lauel St. SF
INTERNATIONAL DAY OF ACTION ON NOVEMBER 15th : CONDEMN GOVERNMENT REPRESSION AGAINST FUNDAMENTAL TRADE UNION RIGHTS IN SOUTH KOREA
General Strike and International Day of Action
Despite the government repression and the challenges they are facing, the Korean Confederation of Trade Unions is determined to proceed forward. The KCTU has developed and plans to implement a national, comprehensive, strategic campaign to mobilize its 800,000 members against the South Korean government’s repressive efforts to undermine fundamental labour rights in South Korea. KCTU members will be organized and mobilized in full force as their right to exist is once again threatened. The KCTU will launch a General Strike on November 15 and in conjunction with this strike, the KCTU calls on the international community to coordinate a series of actions and events to support their struggle. .
Send a protest letter to President Roh Moo Hyun at the Blue House: 82-2-770-1690 (Fax) or e-mail at president [at] cwd.go.kr Copies should be sent to the Minister of Labour, Minister Lee Sang-Soo at 82-2-504-6708, 82-2-507-4755 (Fax) or e-mail at m_molab [at] molab.go.kr. And sent to the Minister of General Administration and Home Affairs, Minister Lee Yong-Sup at 82-2-2100-4001(Fax)
Please send copies to the KCTU at 82-2-2635-1134(Fax) or e-mail at inter [at] kctu.org
http://nodong.org/bbs/zboard.php?id=en_strike
Endorsed By San Francisco Labor Council, Transport Workers Solidarity Committee,
Labornet, Labor Action Coalition, Open World Conference, UK-RMT, Labor Action Coalition, Korean Americans United for Peace
For more information contact (415)867-0628
Or To Add Your Endorsement
No : 34
Date : 2006-10-09 18:18:20
Name : KCTU Hit : 831
Attach : 920-repressionKGEU.bmp (529554 Bytes)
Title: CALL FOR AN INTERNATIONAL DAY OF ACTION ON NOVEMBER 15th
CALL FOR AN INTERNATIONAL DAY OF ACTION ON NOVEMBER 15th : CONDEMN GOVERNMENT REPRESSION AGAINST FUNDAMENTAL TRADE UNION RIGHTS IN SOUTH KOREA
When South Korea joined the Organization of Economic and Commercial Development (OECD) in 1996, there was much hoopla and expectations. To the international community it appeared that South Korea was on the brink of shedding is shameful image of dictatorship that undermined democracy and fundamental trade union rights. At the time, South Korea had agreed that it would amend its existing labour legislation in line with existing international labour standards and OECD guidelines. However, ten years later, South Korea has still a long way to go. The recent repressive actions of the South Korean government under the Roh Moon Hyun administration clearly shows that South Korea has failed as an economically developed democratic country in ensuring fundamental trade union rights according to international labour standards.
In March of this year, the Governing Body of the ILO approved the interim report made by the Committee on Freedom of Association. Apparently, the South Korea case was the longest of outstanding case within the CFA aside from one filed against Columbia. The recommendations raised serious concerns on the government’s repressions against trade unions, specifically the Korean Government Employees Union (KGEU) and the Korean Federation of Construction Industry Trade Unions (KFCITU). However, the government not only has refused to implement these recommendations but more importantly it has chosen to intensify its attacks on the KGEU and the KFCITU, thus, snubbing its "nose" to international labour standards.
Attack against the KGEU
Since 2002, the ILO has called on the South Korean government to recognize the KGEU but the government steadfastly refuses to do so, stating that the KGEU is an illegal organization under the existing labour laws. Despite calls by the international community to change these laws as it violates the core ILO conventions, the government has refused to do so. In a flagrant disregard to these international demands, the South Korean government has once again launched a full fledged attack against the KGEU through a serious of actions, the most blatant being the coordinated forced closure of all local KGEU union offices.
On Friday, September 22, the government sent in thousands of riot police across the country to use "any means necessary" to shut down the KGEU union offices. The police identified "any means necessary" as using fire extinguishers, fire-fighting dust, hammers, claw hammers, hammer drills, and power saws." Armed with these weapons, riot police and hired thugs forced inside local union offices, using brute force dragged KGEU members and their supporters outside the office, and then finally shutting and sealing the offices like coffins. In the words of a KEGU leader, "more than 100 municipalities nation wide turned into battle fields." By the end of the day out of a total 251 local union offices, 81 were completely shut down. Many were injured and as a result some were hospitalised. Some KGEU members and their supporters were arrested and detained. It is quite clear that the government is determined to do everything in its power to systematically destroy the KGEU.
85 KFCITU Members Imprsioned
Across the country over 100 trade unionists have been imprisoned just for exercising their fundamental trade union rights---right to organize, the right to strike, and the right to bargain. The KFCITU members consists the majority of those in jail due to a series of strikes conducted by KFCITU affiliates, specifically, its Daegu local union, Ulsan local union, and the Pohang local union. Stating that KFCITU members incited violence, caused disturbance of the peace, and coordinated or participated in violent, illegal industrial actions, the government has imprisoned 85 KFCITU members. Much more alarming is the fact the government habitually mobilizes thousands of riot police across the country to forcibly break KFCITU actions and strikes. Despite the fact that the union has legal permits that give them the right to conduct demonstration and marches, the police will often bar them going forward or attempt to shut down the actions. At times, the police violence is extreme resulting in many injuries and in the case of Ha Joong Keun, a tragic death. Brother Ha died from injuries he suffered after several riot police repeatedly beat him on the head with their metal shield. To date, Roh Moo Hyun government has refused to accept full responsibility and call for an end to police violence during industrial actions.
Even though the CFA raised serious concerns in the South Korean government using criminal law to arrest and imprison union leaders and organizers, throughout this summer, the prosecution has once again charged KFCITU organizers for using force, bribery, and extortion. The organizer’s only "crime" has been to recruit and organize construction site workers, one of the most marginalized in South Korean society.
"September 11 Deal"---Legislative Measures to Undermine Labour Rights
On September 11, the South Korean government announced the "Grand Tripartite Agreement" on the Roadmap for Industrial Relations Reforms. The proposed agreement was negotiated and agreed by the members of the tripartite committee---the Ministry of Labor, the Korean Employer’s Federation, the Korean Chamber of Commerce, the Korean Tripartite Commission and the Federation of Korean Trade Unions (FKTU). However, one of the tripartite members, the Korean Confederation of Trade Unions (KCTU) representing 800,000 members was deliberately excluded from this meeting, as it was not even notified about the meeting itself even though they had been participating in previous meetings.
This bill, referred to as the "9-11 Deal", falls far short of the original legislative objective of reforming industrial relations and systems in South Korea. The government had publicly stated that the main principles behind their proposal were to "build industrial relations that conform to international standards, form multiple-level social partnership and to establish voluntary industrial relations grounded in both autonomy and responsibility." However, the "9-11 Deal is completely contrary to that goal. The main reason being that once again the government has deferred the existence of multiple unions at the enterprise level for another three years. In doing this, the government has in the words of the ICTFU/TUAC/GUFs mission has taken a "disturbing step backwards."
In addition, the South Korean government has stated that the new agreement is in line with international standards since it has repealed provisions mandating compulsory arbitration but in reality the government has done the exact opposite, as they have replaced with "essential services" and in fact the government has actually expanded the scope of "essential" public services to include air transport, blood supply, water purification, and steam and hot water supply. Thus, even though even though compulsory arbitration is repealed on paper, workers in the "essential" public services will not be able to truly exercise their right to collective actions.
General Strike and International Day of Action
Despite the government repression and the challenges they are facing, the KCTU is determined to proceed forward. The KCTU has developed and plans to implement a national, comprehensive, strategic campaign to mobilize its 800,000 members against the South Korean government’s repressive efforts to undermine fundamental labour rights in South Korea. KCTU members will be organized and mobilized in full force as their right to exist is once again threatened. The KCTU will launch a General Strike on November 15 and in conjunction with this strike, the KCTU calls on the international community to coordinate a series of actions and events to support their struggle. .
WHAT YOU CAN DO
Participate in the International Day of Action (November 15, 2006) by conducting a demonstration in front of a South Korean embassy or consulate, coordinating a press conference, or issuing. When you plan to organise something on that day, please let us know. We will update your plans on our web-site.
Send a protest letter to President Roh Moo Hyun at the Blue House: 82-2-770-1690 (Fax) or e-mail at president [at] cwd.go.kr
Copies should be sent to the Minister of Labour, Minister Lee Sang-Soo at 82-2-504-6708, 82-2-507-4755 (Fax) or e-mail at m_molab [at] molab.go.kr. And sent to the Minister of General Administration and Home Affairs, Minister Lee Yong-Sup at 82-2-2100-4001(Fax)
Please send copies to the KCTU at 82-2-2635-1134(Fax) or e-mail at inter [at] kctu.org
We will continue to update related information.
If you have any questions or need more information, please contact:
Lee Changgeun
International Director
Korean Confederation of Trade Unions
Tel.: +82-2-2670-9234 Fax: +82-2-2635-1134
E-mail: inter [at] kctu.org Web-site : http://kctu.org
2nd Fl. Daeyoung Bld., 139 Youngdeungpo-2-ga, Youngdeungpo-ku, Seoul 150-032 Korea
Korean Confederation of Trade Unions
2nd Fl. Daeyoung Bld., 139 Youngdeungpo-2-ga, Youngdeungpo-ku, Seoul 150-032 Korea
Tel.: +82-2-2670-9234 Fax: +82-2-2635-1134 E-mail: inter [at] kctu.org http://kctu.org
The Counter Report to the Third Periodic Report of the Republic of Korea Under Article 40 of International Covenant on Civil and Polical Rights
For the UN Human Rights Committee
October, 2006
Korean Confederation of Trade Unions(KCTU)
Contents
1. General Information on Basic Labour Rights Situation ---------- 3
2. Problems with the "Grand Tripartite Agreement" for the Advancement of Industrial Relations ------------------------------------ 6
3. ICFTU/TUAC/GUFs Joint Mission to Korea ----------------- 13
4. List of Trade Unionists Imprisoned ----------------------- 20
5. UNION MEMBER DIES DUE TO SEVERE BEATING BY RIOT POLICE --- 25
6. Government Employees’ Basic Labour Rights In Korea -------- 29
7. National Human Rrights Commission of Korea(NHRCK) Recommends Improvements to Gender-Discriminative Hiring of Female KTX Attendants --41
8. Disguised Self-employed Workers in Korea and Violation of Their Right to Work ----------------------------------------------------------- 42
General Information on Basic Labour Rights Situation
When South Korea joined the Organization for Economic Cooperation and Development (OECD) in 1996, there was much hoopla and expectations. To the international community it appeared that South Korea was on the brink of shedding is shameful image of dictatorship that undermined democracy and fundamental trade union rights. At the time, South Korean government committed to "reform existing laws on industrial relations in line with internationally accepted standards, including those concerning basic rights such as freedom of association and collective bargaining." However, ten years later, South Korea has not even come close. The recent repressive actions of the South Korean government under the Roh Moon Hyun administration clearly shows that South Korea has failed as an economically developed democratic country in ensuring fundamental trade union rights according to international labor standards.
In March of this year, the Committee on Freedom of Association (CFA) of the ILO announced its recommendations in association to trade union rights violations in South Korea. The recommendations raised serious concerns on the government’s repression against trade unions, specifically the Korean Government Employees Union (KGEU) and the Korean Federation of Construction Industry Trade Unions (KFCITU). However, the government not only has refused to implement these recommendations but more importantly it has chosen to intensify its attacks on the KGEU and the KFCITU, thus, snubbing its "nose" to international labor standards. In addition, the government has failed to ensure the fundamental basic rights of irregular (subcontract, part-time, dispatched, "self-employed", etc.) workers, which makes up the majority of the work force in South Korea.
Since 2002, the ILO has called on the South Korean government to recognize the KGEU but the government steadfastly refuses to do so, stating that the KGEU is an illegal organization under the existing labor laws. For a number of years, the international community has called on the South Korean government to change these laws as it violates the core ILO conventions. In a flagrant disregard to these international demands, the South Korean government has once again launched a full fledged attack against the KGEU through a serious of actions, the most blatant being the coordinated forced closure of all local KGEU union offices.
On Friday, September 22, the government sent in thousands of riot police across the country to use "any means necessary" to shut down the KGEU union offices. The police identified "any means necessary" as using fire extinguishers, fire-fighting dust, hammers, claw hammers, hammer drills, and power saws. Armed with these weapons, riot police and hired thugs forced inside local union offices, dragging KGEU members and their supporters outside the office, and then finally shutting and sealing the offices like coffins. In the words of a KEGU leader, "more than 100 municipalities nation wide turned into battle fields." By the end of the day out of a total 251 local union offices, 81 were completely shut down. Many members were injured and as a result some were hospitalised. Some KGEU members and their supporters were arrested and detained. It is quite clear that the government is determined to do everything in its power to systematically destroy the KGEU.
Across the country over 100 trade unionists have been imprisoned just for exercising their three basic fundamental trade union rights---right to organize, the right to strike, and the right to bargain. The KFCITU members comprise the majority of those in jail due to a series of strikes conducted by KFCITU affiliates, specifically the Daegu, Ulsan, and Pohang local unions. Stating that KFCITU members incited violence, caused disturbance of the peace, and coordinated or participated in violent, illegal industrial actions, 49 KFCITU members are still imprisoned. Much more alarming is the fact the government habitually mobilizes thousands of riot police across the country to forcibly break KFCITU actions and strikes. Despite the fact that the union had legal permits that give them the right to conduct demonstration and marches, the police will often bar them going forward or attempt to shut down the actions. At times, the police violence is so extreme that it results in numerous injuries and in the case of Ha Joong Keun, a tragic death. Brother Ha died from injuries he suffered after several riot police repeatedly beat him on the head with their metal shields. To date, government has refused to accept full responsibility for Ha’s death and call for an end to police violence. Instead, the government has alluded that the violent actions of the KFCITU is the reason behind the arrests, injuries, and even death of Ha Joong Keun.
Even though the CFA raised serious concerns about the South Korean government using criminal law to arrest and imprison trade unionists, throughout this summer, the prosecution once again charged KFCITU organizers for using force, bribery, and extortion to sign collective bargaining agreements with construction companies. The union’s only "crime" has been to organize construction site workers, who are one of the most marginalized sectors of South Korean society.
From the recent harsh sentencing---imprisonment from two to three years---against the key leaders of the Pohang local union, it is evident that the South Korean government is using the KFCITU as an example to deter construction workers from joining unions. More importantly, many in the labor movement believe the government’s actions is an attempt to stop irregular workers from organizing, as at least 80% of the work force in the construction industry are irregular workers.
Indeed, in the wake of the 1997 Asian Financial Crisis, rapid casualization ensued and irregular workers (contract, dispatch, "specially-employed" [self-employed], and part-time workers) have become the majority of the Korean workforce. Yet in such cases where the employment relationship is disguised, the State has failed to uphold existing labor laws, resulting in the preclusion of this whole class of workers from exercising trade union rights fundamental to all workers (freedom to form a trade union, collective bargaining and collective action). In the metal sector, the Labor Ministry itself has ruled that many of the workers victimized by en masse retaliatory dismissals for organizing a union were victimized by employers using the illegal practice of hiring them as dispatch labor disguised as subcontracting, and that the workers should be regularized; yet, at the time of the ICFTU mission, some 700 irregular workers in the metal sector were still struggling for reinstatement after dismissal for having organized a union. For example, the Labor Ministry found that Kiryung Electronics illegally used labor dispatch, but the irregular women workers of Kiryung Electronics are the ones subject to all kinds of physical assault —by thugs privately employed by the employer as well as police violence—fear, imprisonment and intimidation because of their union activities. Further, the president of the union local recently collapsed in the course of a hunger strike during a protest visit to the Labor Ministry; yet, the state intervention in this case has been to imprison the union president, push situations to clashes by mobilizing large forces of riot police and generally shield the employer from obligation to resolve outstanding issues with the union in bargaining. The women workers of the KTX, the high-speed bullet train, have also been subject to such repression of their freedom to organize a union, and here again, we saw state intervention to quickly close in on exercise of fundamental trade union rights.
"September 11 Deal"---Legislative Measures to Undermine Labor Rights
On September 11, the South Korean government announced the "Grand Tripartite Agreement" on the Roadmap for Industrial Relations Reforms. The agreement was concluded in an "Emergency Session" of the tripartite representatives meeting, attended by the Ministry of Labor, the Korean Employer’s Federation, the Korean chamber of Commerce, the Korean Tripartite Commission and the Federation of Korean Trade Unions (FKTU). However, one of the tripartite members, the Korean Confederation of Trade Unions (KCTU) representing 800,000 members was deliberately excluded from this meeting. It was not even notified about the meeting even though they had been participating in previous meetings.
This bill, referred to as the "9-11 Deal", falls far short of the original legislative objective of reforming industrial relations and systems in South Korea. The government had publicly stated that the main principles behind their proposal were to "build industrial relations that conform to international standards." However, the "9-11 Deal is completely contrary to that goal. The main reason being that once again the government has deferred the existence of multiple unions at the enterprise level for another three years. In doing this, the government has in the words of the ICTFU/TUAC/GUFs mission taken a "disturbing step backwards."(Please see the attached related-report)
In addition, the South Korean government has stated that the new agreement is in line with international standards since it has repealed provisions mandating compulsory arbitration but in reality the government has done the exact opposite, for they have expanded the scope of "essential" public services to include air transport, blood supply, water purification, and steam and hot water supply. Thus, even though compulsory arbitration is repealed, it exists only on paper, as workers in the "essential" public services such as transportation and public health, will be subject to imposition of Emergency Mediation, which includes compulsory arbitration with additional obligations to maintain minimum services as well as the imposition of a replacement workforce. In a nutshell, these workers will be subject to a 3-fold regulation that would effectively cut back on their right to exercise the right to collective actions.
Problems with the "Grand Tripartite Agreement" for the Advancement of Industrial Relations
1. Introduction
On September 11, the South Korean government announced the "Grand Tripartite Agreement" on the Roadmap for Industrial Relations Reforms. The proposed agreement was negotiated and agreed by the members of the tripartite committee---the Ministry of Labor, the Korean Employer’s Federation, the Korean chamber of Commerce, and the Federation of Korean Trade Unions (FKTU). However, one of the tripartite members, the Koran Confederation of Trade Unions (KCTU) representing 800,000 members was deliberately excluded from this meeting. The KCTU was not even notified about the meeting itself even though they had been participating in previous meetings.
The unjust and undemocratic "9-11 deal" falls far short of the legislative intention of the original plan to reform industrial relations laws and systems, much less some kind of actual "advancement" in industrial relations. The South Korean government had publicly declared that the main principles behind the original policy to revamp industrial relations were to "build industrial relations that conform to international standards, form multiple-level social partnership and to establish voluntary industrial relations grounded in both autonomy and responsibility."
Since the unjust and undemocratic "9-11 deal" once again defer enterprise-level union pluralism in exchange for postponing prohibition on wage payment to full-time union officers (who have 100% time-off for union activities) and excludes legislative ground to allow institutionalization of industrial-level collective bargaining, it not only fails miserably at constructing a multiple structure for industrial relations but rather consolidates enterprise-level unionism. Furthermore, the "9-11 deal" seriously contravenes the principle of "autonomy with responsibility" in that it introduces excessive legislative intervention regarding the right to strike for workers in the public sector.
The South Korean government has been most responsible for bringing about these outcomes. In 2003, after the government announced its hastily-constructed "Roadmap of the Advancement of Industrial Relations Laws and Systems," it made no effort whatsoever in making the legislation concrete or specific in light of the realities facing South Korean workers. Instead, the laws simply focused on building the government’s agenda without full consultation and bona fide negotiations with the concerned parties. In light of the government’s manipulation of the situation, critical challenges for decisively reshaping the very future of the South Korean industrial relations shrank from discussions to a mere object of barter.
2. Major Contents of the "9-11 Deal"
The following is a summary of the most harmful provisions included in the "9-11 Deal".
- Enterprise-level Union Pluralism: extending the prohibition (it was originally to be lifted in 2006) on enterprise-level union pluralism for an additional three years.
- Ban on wage payments to full-time union officers: the current law prohibits wage payment of full-time union officers. The amendment would postpone the implementation for an additional three years.
- Replacement workers at essential public services and compulsory arbitration: In exchange for abolishing compulsory arbitration, the scope of "essential" public services will be broadly expanded, and the replacement workers will be implemented at a full scare. Furthermore, "essential" public services will be now subjected to maintenance of minimum services obligation. Yet because the "emergency mediation" clause, which contains compulsory arbitration, was not repealed, workers in the essential public services shall be subject to a three-fold regulation (replacement work, obligation to maintain "minimum" services, compulsory arbitration under emergency mediation).
- Unfair dismissal: introduction of a monetary compensation system so when workers are unfairly dismissed, instead of the employer reinstating the worker to her/his original position after it has been proven to be an unfair dismal, the employer now only have to pay compensation to the worker. In addition the penal punishment imposed on employers who unfairly dismiss workers has been abolished so now there are no longer any sanctions against employers for unfair dismissals.
- Dismissal for managerial reasons (redundancy dismissal): When employers choose to conduct mass layoffs for managerial reasons, the "prior notice period" has been vastly reduced from 60 days to days due to "labor market flexibility." Because of this, over 90% of the work places are likely to give a notification of 30 days prior to mass dismissal instead of the current 60-days prior notice.
- While these problematic provisions were included, the following items submitted by the KCTU to advance industrial relations were not---institutionalization of industrial-level collective bargaining, ensuring fundamental trade union rights for disguised self-employed worker, government employees, professors, and teachers, and reforming the abuse of damages claims and provisional seizure of assets [punishing strike action] system.
3. Detailed Comparisons
1) Enterprise-level Union Pluralism and Ban on Wage Payment to Full-time Union Officers
The South Korean government has already postponed the implementation of enterprise-level union pluralism for the last 10 years under the excuse of the prevention of social unrests and the need of preparation period.
On September 11, the government once again postponed the legislation of union pluralism at the enterprise level for a further three years under the same reasons of preventing social unrest, in exchange for the postponement of ban on wage payment to full-time union officers for the same period. However, the legalization of enterprise-level union pluralism is the very heart of internationally-recognised fundamental trade union rights, which should be implemented immediately. The South Korean tripartite members have been given a long ten years of preparation for this to be a reality.
It should be noted that there are hardly any other major country in the world that has continuously prohibited union pluralism at the enterprise level through a legislative fiat. Clearly, such prohibitions violate international standards relating to freedom of association specifically as outlines by the ILO conventions.
Not only does deferment of enterprise-level union pluralism seriously restrict the autonomous right to form unions, but it will also have a pronounced effect in blocking fundamental trade union rights for irregular workers and workers at small and medium-sized enterprises. These consequences will undoubtedly stymie efforts to increase the overall union density in South Korea.
In case of the question of wage payments by employers to fulltime union officers, it is a separate issue thus it should not be connected to union pluralism at the enterprise-level. The ILO’s Committee on Freedom of Association (CFA) have has repeatedly recommended the government to allow workers and employers to conduct free and voluntary negotiations in respect of this matter, rather than to legislate on this issue.
So the ban on wage payment to union officers by the legislation also falls far short of international standards, and the South Korean government should repeal the related articles, section 24(2) of the TULRAA. However, the South Korean government and the participating concerned parties of the "9-11 Deal" has not challenged this principle but merely postponed it at the sacrifice of fundamental trade union rights including the legalization of union pluralism at the enterprise level.
The KCTU urges the South Korean government and concerned parties that the question of enterprise-level union pluralism should not be an object of barter for a deal of anything.
<Related ILO Committee on Freedom Association Recommendations and Principles>
1. 340th Report of the Committee on Freedom of Association (March, 2006)
(i) to take rapid steps for the legalization of trade union pluralism at the enterprise level, in full consultation with all social partners concerned, so as to guarantee at all levels the right of workers to establish and join the organization of their own choosing;
(ii) to enable workers and employers to conduct free and voluntary negotiations in respect of the question of payment of wages by employers to full-time union officials;
2. 309th Report of the Committee on Freedom of Association (March, 1998)
The Committee considers that the prohibition of the payment of full-time union officials by employers is a matter which should not be subject to legislative interference. It therefore calls upon the Government to repeal section 24(2) of the TULRAA.
3. ILO Committee on the Freedom of Association
Even though it may well be in the workers’ interest to have one sole union, compelling union monism by law contravenes article 2 of convention 87. There is a fundamental difference between a situation in which the law enforces union monism and a situation in which workers have composed a single union of their own accord. Direct and indirect intervention by the State--in particular, intervention by the State through the law--cannot be justified by saying that avoidance of contention among multiple unions is advantageous to the realization of workers’ rights and interests.
2) Essential Public Services and Compulsory Arbitration
The South Korean government has been publicizing itself as having approached international labor standards by repealing provisions mandating compulsory arbitration for essential public services. However, a close look at the specific wording reveals that while the ILO recommended reducing the scope of "essential" public services, the South Korean government has done the reverse and in fact expanded the scope.
Without reasonable grounding, the "9-11deal" adds the following to the "essential" public services: air transport, blood supply, treatment of waste water and sewage and steam and hot water supply. In addition, the railroad services, the subway and the petroleum sector still remain on the list of "essential" public services, even though the CFA of the ILO, "considers those sectors do not constitute the essential services in the strict sense of the term whose interruption would endanger the life, personal safety or health of the whole or part of the population."
Consequently, even though compulsory arbitration is repealed on paper, workers in the "essential" public services will be subject to imposition of Emergency Mediation, which includes compulsory arbitration with additional obligations to maintain minimum services as well as the imposition of a replacement workforce. In a nutshell, these workers will be subject to a 3-fold regulation that would effectively cut back on their right to exercise the right to collective actions.
<Related ILO Committee of Freedom Association Recommendations and Principles>
1. 327th Report of the Committee on Freedom of Association (March, 2002)
488. Regarding the scope of essential public services, currently listed in section 71(2) of the TULRAA, where the right to strike could be prohibited, the Committee notes with interest that inner-city bus services and banking services were removed from this list as of 1 January 2001. Consequently, the remaining public services where the right to strike could be prohibited include railroad services (including intercity rail), water, electricity, gas supply, oil refinery and supply services, hospital services and telecommunications services. The Committee considers that railroad services, the subway and the petroleum sector which remain on this list do not constitute essential services in the strict sense of the term whose interruption would endanger the life, personal safety or health of the whole or part of the population. They constitute, however, in the circumstances of this case, public services where a minimum service which is negotiated between the trade unions, the employers and the public authorities could be maintained in the event of a strike so as to ensure that the basic needs of the users of these services are satisfied. Noting the Government’s statement that discussions will continue in the Tripartite Commission on further modifying the scope of essential public services in line with ILO principles on freedom of association, the Committee would request the Government to further amend the list of essential public services contained in section 71 of the TULRAA so that the right to strike may be prohibited only in essential services in the strict sense of the term.
2. 340th Report of the Committee on Freedom of Association (March, 2006)
781.-(b) As regards the other legislative aspects of this case, the Committee urges the Government:
(iii) to amend the list of essential public services in section 71(2) of the Trade Union and Labour Relations Amendment Act (TULRAA) so that the right to strike may be restricted only in essential services in the strict sense of the term;
3) Replacement Workforce
The 9-11 unjust and undemocratic deal takes the position of allowing replacement workforce through new hiring whereas ILO standards protect workers’ right to strike without having to give up their jobs in exchange. Enabling new hiring during a strike makes it difficult for workers to return to their original jobs after a strike, and thus does not conform to international standards.
4) Industrial-level Collective Bargaining
The "9-11 deal" thoroughly excludes the KCTU proposal relating to institutionalization of industrial union bargaining relations. Transformation of enterprise-level unions to industrial unions has already reached 65.4% in the KCTU; yet, only a tiny number have concluded their collective bargaining agreements through actual industrial-level collective bargaining.
This forms a striking contrast to the major nations of the West, where there are institutional mechanisms for stable industrial bargaining. Not only does the South Korean labor laws lack legal mechanisms to rein-in employers who evade bargaining responsibilities, but the labor law also defines lawful industrial action so narrowly that industrial actions taken by industrial unions are unprotected.
Furthermore, South Korea is among the worst in collective bargaining agreement coverage among OECD nations; as the scope of coverage stalls at about 10%, which is even lower than the union density of 11%. This is due to the requirements for extending application of industrial agreements to a region are excessively demanding (requiring 2/3 of the workers in that region), extending protections (beyond the enterprise level) is impracticable and there exists no system comparable to internationally recognized ones that extend the efficacy of industrial collective agreements to the industrial level.
5) Government Employees
The issue of fundamental trade union rights for government employees was likewise completely excluded. The "Act on the Establishment and Operation, etc. of Public Officials’ Trade Unions" came into effect on January 28, 2006. The act, which was supposed to guarantee the trade union rights of government employees, instead severely limits their trade union rights and union activities. Indeed the act was unilaterally legislated by the government without any consultations with government employees unions concerned.
The KCTU and the KGEU raised the issue on government employees’ trade union rights in the tripartite representatives meetings, and an agreement was made in July between the government and the unions to table the agenda on government employees’ union rights during forthcoming negotiations. Since then, however, no meetings on the issue were held. The Ministry of Government Administration and Home Affairs (MOGAHA) had refused to participate in the negotiating table and furthermore, claimed that the tripartite representatives meeting should not even deal with the issue, contradicting the agreement made in July.
Instead, the government squeezed up the repressive waves against the KGEU, the largest trade union in civil service representing around 140,000 government employees.
Despite the fact that the ILO adopted recommendations on government employees’ trade union rights in March, 2006, shortly after, the MOGAHA issued the "Directive to Promote the Transformation of Illegal Organisations into Legal Trade Unions (Voluntary Withdrawal of Membership)" - identifying the KGEU as an illegal organization on the basis that it hasn’t submitted notice of establishment pursuant to the new act. The Ministry also indicated that "no dialogue and collective bargaining will be permitted for the KGEU, "an illegal organization" and instructed all government offices "to force transformation of KGEU locals into a "legal" trade union and to issue orders to "voluntarily" withdraw membership from the KGEU. The Ministry even instructed local governments to threaten the KGEU members that there will be disciplinary actions for failure to comply with the orders. In order to enforce this "transformation", the directive proposed "individual contacts", "home visits", and "telephone calls" to "persuade" the KGEU members and their family members.
The repression went further. On August 3, 2006, the MOGAHA issued another directive that specifically requested that all government offices take firm actions against the KGEU in order to "take thorough countermeasures including forceful closing down of the illegal organizations’ offices nation wide. The Ministry asked "to exclude KGEU members from personnel committees, to actively encourage the KGEU members to withdraw memberships, to prohibit union dues check-off system and to block any financial supports like voluntary contribution or donation to the union."
While the ILO Asia Regional Meeting was taking place in Busan, Korea, one of the KGEU local offices was forcefully closed down on August 30. Furthermore, from September 22 to 28, the KGEU local offices nation wide were attacked by riot police and the specially hired thugs to forcefully close the offices down. As of September 28, 2006, 119 KGEU offices have been shut down and in many cases the doors to the union offices were sealed off with iron plates or bars. The KGEU members inside the offices were violently pulled out. Dozens of KGEU members and solidarity organization members were arrested and some of them were seriously injured.
ICFTU/TUAC/GUFs Joint Mission to Korea
September, 2006
The International Confederation of Free Trade Unions and the Trade Union Advisory Committee to the OECD accepted the invitation of our two Korean affiliates, FKTU and KCTU, to conduct a Fact Finding Mission prior to the 14th ILO Asian Regional Meeting to be held in Busan, Korea. Global Union Federations agreed to be part of the Mission, in close consultation with their respective Korean affiliates.
The Mission took place on 24-26th August 2006 (see programme and participants, appendix 1). Participants wish to thank FKTU and KCTU for the assistance and hospitality. The Mission visited Korea at an important crossroad: after almost one and half years into tripartite negotiations on a "Roadmap" to bring Korean legislation in line with ILO standards, only a few weeks were now left before the deadline established by the Government for finding a tripartite agreement without which it would go ahead and unilaterally propose legislation. Both KCTU and FKTU criticized the government for such a stance since very few meetings had actually taken place at tripartite level. Currently a "High Level Panel" had been established (including both FKTU and KCTU Presidents) and the negotiations were at a crucial phase.
Through the tripartite process, 23 points had already been agreed, but several critical ones were still unresolved, such as: payment of full time officials, trade union pluralism, compulsory arbitration, compensation for damages, provisional seizure of trade union assets, extension of TUR to fire fighters, redundancy of workers, false self-employment, repressive measures.
The Mission met with leadership of the FKTU and KCTU and their affiliates as well as with the Minister of Labour. It also visited a number of work sites and saw at first hand the disturbing effects of current Korean labour legislation and state interference, which does not respect fundamental workers’ rights. One of the most striking examples is the recent directive (January 2006) issued by the Ministry of Home Affairs (MOGAHA) to encourage the "voluntary withdrawal of membership" by public officials who are members of the Korean Government Employees Union (KGEU), forced closure of offices for the trade unions that refuse to register under the current severe limitations, criminalization of trade union activities (such as the directive establishing possible prison terms for wearing a vest with trade union insignia during working hours. A visit was made to a prison in Daegu to meet with imprisoned leadership of the local construction workers union, Daegu local union affiliated with the Korean Federation of Construction Industry Trade Unions. These trade unionists were charged with "forcing" construction site managers to sign collective bargaining agreements on behalf of unprotected subcontracted labour and thus "extorting" funds as a result of these agreements. A visit was also made to Kiryung Electronics, where the company discriminated against union members terminating contracts and dismissing members of the union beginning in July 2005 (a case included in a recent ILO complaint filed by the KMWF, KCTU and IMF). Finally, the mission visited the KTX Crew Union, which was entering in the 200 day of strike following the KTX’s (bullet train authority) refusal to enter into negotiation on the block dismissal of many crew workers, all of them women.
The central recommendation of the mission was that it is essential that the Korean government reform labour legislation to bring it into line with the ILO jurisprudence on core labour rights as repeatedly and unanimously recommended by the ILO Committee on Freedom of Association, the last time at its March 2006 sitting.
It is worth noting that the Korean case No. 1865 (1995) is now the second longest running ILO Freedom of Association Case after the Colombia Case No. 1787 (1994). The members of the Mission called for a halt to the repression and imprisonment of trade unionists most notably in the public sector and construction sector that have accelerated during the course of 2006. The mission hoped that rapid conclusion can be reached on the outstanding items in the Road Map that would bring Korean legislation into line with freedom of association principles and urged that the tripartite process and cooperation between the FKTU and the KCTU be strengthened. The mission called on the OECD to reinforce this message in its discussion with the Korean government particularly in the light of the occasion of the tenth anniversary of Korea’s membership of the organisation and the up-coming monitoring round of Korean labour legislation by the OECD Employment Committee (ELSAC) .
Korea joined the ILO on 9 December 1991 and the OECD in 1996: since then ICFTU, TUAC and other Global Union partners have worked with their Korean affiliates – the FKTU and the KCTU - to support efforts to bring the labour law in Korea in line with internationally recognised standards on freedom of association and collective bargaining to allow all workers to form and join trade unions of their own choosing.
On joining the OECD in 1996 the Korean authorities made the commitment "to reform existing laws on industrial relations in line with internationally accepted standards, including those concerning basic rights such as freedom of association and collective bargaining". Following the moves by the then government in the opposite direction in January 1997 and subsequent concerns expressed by the ILO, TUAC and a number of OECD member countries, the OECD Council instructed the Committee for Employment, Labour and Social Affairs (ELSAC), to "monitor closely the progress made on labour reforms in the light of that commitment". That process has continued to date.
It would be unfair not to recognize that steps forward have taken place. It is clear that the continuous attention of the ILO CFA and the OECD monitoring procedure have been important elements in the process of generating peer-group pressure that resulted in progress being made in reforming Korean labour law in line with international standards in the period 1998-1999. This is notably true with regard to the improvement of trade union rights in July 1999 and the legalisation of the KCTU later in the same year as well as the legalisation of educational unions and the partial reform of the law on third party intervention.
However since the completion of the 2000 OECD Labour Market Review on Korea, successive Korean governments have failed to make significant progress towards bringing "legislation in line with internationally accepted standards". The current labour legislation and government practice to criminalise trade union activity remain the subject of repeated criticism by national and international trade union organisations as well as by the ILO for failing to guarantee basic trade union rights to all workers.
Recent Developments
In the Roadmap for industrial relations reform published in 2004 the government indicated the steps it intended to take to further reform labour law and in principle address some although not all of the above issues.
Although tripartite discussions have advanced on the Road Map during the summer of 2006, there has been a significant repression by the Ministry of Home Affairs (MOGAHA) of the largest of the civil servants freely chosen unions – the Korean Government Employees Union – the KGEU.
The pressure on public sector workers is enormous: members of KGEU and their families often receive personal telephone calls at home outside working hours in order to disaffiliate from the union. Local authorities that would not want to impose restriction on organizing are kept under the threat of not receiving public funds. The strategy of intimidation, not surprisingly, is having an effect: for example, the Kyunggido branch (Provincial authority) of the KGEU which we visited has now 400 members compared to 1,167 at the beginning of 2006. It is important to reiterate that, in this example as for many others, this local union had been organized since the year 2000, when workers’ councils were established. In 2002 when the KGEU was launched, out of 1,400 eligible workers at the work site, 800 joined the union, with the membership subsequently growing.
The Mission also visited the KGEU branch of the Rural Development Administration, a research agency that is considered by the government as "essential sector". Again the information was that the union had been able to conduct peaceful negotiations in the past years (out of 1,300 eligible workers, 1,000 were members) but since May 7 members had been dismissed for having demanded negotiation on the issue of promotions (it should be recalled that local unions have no power to negotiate salaries – wages are decided unilaterally by the central government – but can negotiate bonuses or incentives). While the visit was conducted in the union’s facilities inside the RDA, we were informed that the facility would have been sealed on August 31st (the same letter has been received by unions in over 250 institutions).
The issue of the informalisation of the economy (the Korean informal sector is the largest among OECD countries and growing) was also at the centre of our Mission. One labour leader effectively put the issue in the right terms: "the government tells us that we do not represent informal sector workers, but when we decide to organize them we are immediately criminalised". This was particularly visible in the construction sector, which has recently experienced a surge of more than one hundred trade union activists in the construction sector jailed for seeking to exercise what in other countries would be normal trade union activities – namely collective bargaining with main building contractors.
The trade union leaders we met in jail had tried to reach a collective bargaining agreement with a subcontractor. He was in prison awaiting trial most probably facing a two-year in jail for charges that included obstruction of business, assembly, extortion, blackmail. The most serious charges defined collective bargaining with main contractors on behalf of sub-contract workers as extortion. The contractors had come to the table and were ready to negotiate, but the prosecutors charged the unions with criminal conduct. While many lawyers of sub-contractors make the bargaining situation difficult per se, it is a fact that for the time being in Korea collective bargaining in the construction sector is currently carried out in more than 10 districts in the country. The more this sector has become profitable, the more the government is squeezing workers’ rights. It was felt that while in the ‘80s and ‘90s the situation had steadily improved, now workers are going backwards in the construction sector, but also in metalworking and other sectors. Estimates state that 60-70% of the total Korean workforce is irregular workers (non-permanent, part-time, contract, sub-contract and "dispatched" workers).
It should be noted that of the more than 2 million workers in the construction industry, 80% are irregular workers. Working conditions faced by irregular workers in the construction industry are horrendous: at least two workers die as a result of an accident per construction site. The majority of workers work 12 hours a day, 7 days a week with no suitable facilities, medical benefits, vacation or overtime paid. The system of payment is such that workers are not paid until at least one or two months after they have completed work. Nevertheless, construction unions have been actively trying to organize workers in the construction industry. If unions are capable to organize them, then there are no excuses for not bargaining better working conditions for all, hence the heavy repression towards the unions. This took a tragic turn during August 2006 with the death of Ha Jeung Koon, a member of the Pohang local union of the KFCITU who died of severe beating by riot police during one of the demonstrations organized by the union. It is important to recall that another worker, Kim Tae-hwan, the chair of FKTU's Chungju regional chapter, was killed on 14 June 2005 when he was run over by a cement truck while on the picket line in front of the Sajo Remicon cement factory: the fact that lead to the one year delay in holding the ILO Regional meeting.
The Mission was able to meet Mr. Lee, Minister of Labour of Korea (riot police were called at the entrance of the MoL when we entered the compound). In May 2006 the MoL had issued a press statement calling the recommendations of the ILO CFA "incautious and inconsistent" and "beyond the ILO’s powers". Our first question was for an explanation: the Minister spoke about "misunderstandings". He spoke of a difficult phase that MoL was not alone in taking decisions. He also candidly admitted that Korea was not able to ratify ILO C. 105 since trade unionists can be sent to prison under the current criminal law, so the ratification has to wait. While he was adamant that the government had no intention to give the right of collective action to public workers, he recognized MoL rulings on the use of illegally dispatched workers in the metalworking sector, though on the remedy of regularizing these workers he pointed to conflicting opinions between MoL and prosecutors, eventually hiding behind the independence of powers ("it is quite difficult for the government to challenge the judicial once the court has adopted a ruling"…. he did not admit that if the government would change the legislation to bring it into line with ILO standards, the judiciary could easily issue different ruling).
Subsequent visits to other unions confirmed the growing precarisation of the workforce and the attempts to weaken the collective representation by the labour movement. The Korean government and employers at the last ILC spoke about the idea to introduce legislation that would further flexibilize the labour market, through a bill on selfemployment which would further reduce labour protection (out of 8 estimated million irregular workers, 2 million are self-employed: the classic example is the one of truck drivers, who were all permanent employees up to the early ‘90s when they suddenly became self-employed, even if the contractors decide everything from hours of work, wages, etc).
Conclusion of the ICFTU/TUAC/Global Union Federation Mission
The mission was deeply concerned over the worsening labour situation in Korea where serious violations of workers and trade union rights are taking place. The violence perpetrated against workers involved in peaceful rallies and demonstrations to uphold their fundamental rights and improve their wages and working conditions is of deep concern. Such aggression had caused the deaths of two workers and injuries to many others and led in recent months to the imprisonment of more than one hundred unionists. The mission called for the immediate release of detained trade unionists.
The mission also strongly condemned the violation of public servants’ right to freedom of association with the forced closure of many union offices that has accelerated during the course of 2006. It urged the government of Korea to honour and respect workers’ rights as embodied under the ILO core labour standards and its commitment given to the OECD in 1996.
Recalling the Conclusions adopted by the ILO Committee on Freedom of Association at its March 2006 sitting, the mission strongly urged the Korean government to make the following changes in its labour legislation:
Fully guarantee the rights of public employees by:
(i) ensuring that all public servants including those at Grade 5 or higher have the right to form their own associations and not to define this category of staff so broadly as to weaken the organizations of other public employees;
(ii) guaranteeing the right of firefighters to establish and join organizations of their own choosing;
(iii) limiting any restrictions of public servants’ right to strike only to those who are in the essential services as defined by the ILO;
(iv) reversing the order to close down offices of public employees’ unions that have exercised their fundamental right to establish organizations of their own choosing for several years already.
In respect of all workers, the mission also urged the Government:
(i) to take rapid steps for the legalization of trade union pluralism at the enterprise level so as to guarantee at all levels the right of workers to establish and join the organization of their own choosing;
(ii) to allow workers and employers to conduct free and voluntary negotiations in respect of the question of payment of wages by employers to full-time union officials, rather than to legislate on this issue;
(iii) to amend the list of essential public services in the Trade Union and Labour Relations Amendment Act (TULRAA) so that the right to strike may be restricted only in essential services in the strict sense of the term;
(iv) to repeal the notification requirement and the heavy penalties, including imprisonment, for exercising the fundamental right of collective bargaining;
(v) to repeal the provisions prohibiting dismissed and unemployed workers from keeping their union membership and making non-union members ineligible to stand for trade union office;
(vi) to immediately bring section 314 of the Penal Code (obstruction of business) in line with freedom of association principles, ensuring that investigations will not include detention for workers that have tried to exercise their fundamental rights;
(vii) to refrain from any act of interference in the activities of FKTU and KCTU, such as violent police intervention in rallies, injury of trade unionists, intimidation and harassment of trade union leaders and members;
(viii) to issue appropriate instructions so that all actions of intimidation and harassment against the unions officials cease immediately, to review all convictions and prison sentences, and to compensate officials for any damages suffered as a result of their prosecution, detention and imprisonment;
(ix) to promote recognition that collective agreements negotiated with main contractors can apply to all workers including those hired by subcontractors.
The mission urged the Government of Korea to finalise the "roadmap" in full consultation and bona fide negotiation with FKTU and KCTU in order to positively and promptly address the above issues.
The mission called for the prompt establishment of an independent Commission of Inquiry on the recent deaths of two construction workers and for the release of all unionists who are currently detained simply for having exercised their fundamental rights.
It urged the government to refrain from the heavy use of the "riot police" in dealing with industrial relation matters, since the climate of intimidation and confrontation fuelled by this menacing presence is not conducive to the peaceful resolution of outstanding matters.
It also urged ILO and OECD to take all the appropriate steps to assist FKTU and KCTU in their legitimate claim to uphold workers’ rights in Korea:
- the International Labour Office should provide technical assistance in redrafting current legislation;
- the ILO Committee on Freedom of Association and the OECD ELSA Committeee should send a mission to Korea to reinforce their respective monitoring process.
Finally the Mission urged the international labour movement to renew international solidarity and focus on the Korean situation.
These conclusions were also supported in a statement issued by the ILO workers group attending the ARM on 30 August.
Immediately after the Asian Regional Meeting, the government decided to table legislation postponing the commitment to multiple unions at company level for a further three years. The members of the Mission consider that this decision, even though it came out of a negotiating situation, represents a disturbing step backwards from freedom of association as defined by the ILO.
Hence, we reiterate the need for the Korean government to promptly amend legislation in order to fully adhere to the recommendations of the ILO Committee on Freedom of Association and to give immediate and constructive answers to all the points raised in the Conclusions of the ICFTU/TUAC/GUFs Fact Finding Mission of August 2006.
Anna Biondi, Director ICFTU Geneva Office, Secretary ILO Workers’ Group
John Evans, General Secretary OECD-TUAC
Subramaniam Kandiah, Director ICFTU-APRO
Balan Nair, General Secretary BWI_APRO
Katsuhiko Sato, General Secretary PSI-APRO
Ron Blum, Director IMF Automobile Section
Government Suppression against the Trade Union Activities
List of Trade Unionists Imprisoned (As of September, 2006)
No. Name Union Title Charge/Incident Legal Status
1. Yoo Ki Soo KFCITU General Secretary Protest Against the Death of Ha Joong Keun Rally Undergoing Trial
2. Lee Young Rok Kyonggido Local Union, KFCITU General Secretary Extortion/Bribery Regarding signing of CBAs Undergoing Trial
3. Kim Jong Deuk Kyonggido Local Union, KFCITU Union Member Extortion/Bribery Regarding signing of CBAs Undergoing Trial
4. Cho Joon Haeng Kyonggido Local Union, KFCITU Vice President Extortion/Bribery Regarding signing of CBAs Undergoing Trial
5. Lee Kwang Il Kyonggido Local Union, KFCITU Previous President Extortion/Bribery Regarding signing of CBAs Undergoing Trial
6. Moon Jung Yu Daegu Local Union, KFCITU Organizing Team Leader Daegu Local Union General Strike (June, 2006) Undergoing Trial
7. Oh Sang Yong Daegu Local Union, KFCITU General Secretary Daegu Local Union General Strike (June 2006) Undergoing Trial
8. Kim Eun Soo Daegu Local Union, KFCITU First Vice President Daegu Local Union General Strike (June 2006) Undergoing Trial
9. Sin Hyun Beum Daegu Local Union, KFCITU Branch Director Daegu Local Union General Strike (June 2006) Undergoing Trial
10. Cho Ki Hyun Daegu Local Union, KFCITU President Daegu Local Union General Strike (June 2006) Undergoing Trial
11. Lee Kil Yu Daegu Local Union, KFCITU Vice President Daegu Local Union General Strike (June 2006) Undergoing Trial
12. Lee Seung Yu Daegu Local Union, KFCITU Vice President Daegu Local Union General Strike (June 2006) Undergoing Trial
13. Moon Kang Ho Daegu Local Union, KFCITU Branch Director Daegu Local Union General Strike (June 2006) Undergoing Trial
14. Jang Ok Ki Dump Truck Drivers Local, KFCITU Branch Director Dump Truck Drivers General Strike (April, 2006) Undergoing Trial
15. Park Hae Wook Ulsan Local Union, KFCITU President Daegu Local Union General Strike (June 2006) Imprisonment. 2
years & 6 months
16. Choi Seuk Young Ulsan Local Union, KFCITU Union Delegate Daegu Local Union General Strike (June 2006) Imprisonment. 2 years & 6 months
17. Kang Sang Kyu Ulsan Local Union, KFCITU Union Member Daegu Local Union General Strike (June 2006) Imprisonment. 1 year & 6 months.
18. Lee Moon Hee Ulsan Local Union, KFCITU Vice-Team Leader Daegu Local Union General Strike (June 2006) Imprisonment. 1 year & 6 months.
19. Lee Ok Seun Choongnam Local Union, KFCITU Organizing Director Extortion/Bribery Regarding signing of CBAs Undergoing Trial
20 Ha Dong Hyun Choongnam Local Union, KFCITU President Extortion/Bribery Regardin
Solidarity Action At Korean Consulate In SF
Free Jailed Trade Unionists And Drop Criminal Charges Against Union Leaders and Activists
Eliminate Repressive Anti-Labor Legislation "9-11 Deal"
Stop Gender Discrimination Against Korean Women Workers
November 15, 2006 12:00 Noon
3500 Clay St./Lauel St. SF
INTERNATIONAL DAY OF ACTION ON NOVEMBER 15th : CONDEMN GOVERNMENT REPRESSION AGAINST FUNDAMENTAL TRADE UNION RIGHTS IN SOUTH KOREA
General Strike and International Day of Action
Despite the government repression and the challenges they are facing, the Korean Confederation of Trade Unions is determined to proceed forward. The KCTU has developed and plans to implement a national, comprehensive, strategic campaign to mobilize its 800,000 members against the South Korean government’s repressive efforts to undermine fundamental labour rights in South Korea. KCTU members will be organized and mobilized in full force as their right to exist is once again threatened. The KCTU will launch a General Strike on November 15 and in conjunction with this strike, the KCTU calls on the international community to coordinate a series of actions and events to support their struggle. .
Send a protest letter to President Roh Moo Hyun at the Blue House: 82-2-770-1690 (Fax) or e-mail at president [at] cwd.go.kr Copies should be sent to the Minister of Labour, Minister Lee Sang-Soo at 82-2-504-6708, 82-2-507-4755 (Fax) or e-mail at m_molab [at] molab.go.kr. And sent to the Minister of General Administration and Home Affairs, Minister Lee Yong-Sup at 82-2-2100-4001(Fax)
Please send copies to the KCTU at 82-2-2635-1134(Fax) or e-mail at inter [at] kctu.org
http://nodong.org/bbs/zboard.php?id=en_strike
Endorsed By San Francisco Labor Council, Transport Workers Solidarity Committee,
Labornet, Labor Action Coalition, Open World Conference, UK-RMT, Labor Action Coalition, Korean Americans United for Peace
For more information contact (415)867-0628
Or To Add Your Endorsement
No : 34
Date : 2006-10-09 18:18:20
Name : KCTU Hit : 831
Attach : 920-repressionKGEU.bmp (529554 Bytes)
Title: CALL FOR AN INTERNATIONAL DAY OF ACTION ON NOVEMBER 15th
CALL FOR AN INTERNATIONAL DAY OF ACTION ON NOVEMBER 15th : CONDEMN GOVERNMENT REPRESSION AGAINST FUNDAMENTAL TRADE UNION RIGHTS IN SOUTH KOREA
When South Korea joined the Organization of Economic and Commercial Development (OECD) in 1996, there was much hoopla and expectations. To the international community it appeared that South Korea was on the brink of shedding is shameful image of dictatorship that undermined democracy and fundamental trade union rights. At the time, South Korea had agreed that it would amend its existing labour legislation in line with existing international labour standards and OECD guidelines. However, ten years later, South Korea has still a long way to go. The recent repressive actions of the South Korean government under the Roh Moon Hyun administration clearly shows that South Korea has failed as an economically developed democratic country in ensuring fundamental trade union rights according to international labour standards.
In March of this year, the Governing Body of the ILO approved the interim report made by the Committee on Freedom of Association. Apparently, the South Korea case was the longest of outstanding case within the CFA aside from one filed against Columbia. The recommendations raised serious concerns on the government’s repressions against trade unions, specifically the Korean Government Employees Union (KGEU) and the Korean Federation of Construction Industry Trade Unions (KFCITU). However, the government not only has refused to implement these recommendations but more importantly it has chosen to intensify its attacks on the KGEU and the KFCITU, thus, snubbing its "nose" to international labour standards.
Attack against the KGEU
Since 2002, the ILO has called on the South Korean government to recognize the KGEU but the government steadfastly refuses to do so, stating that the KGEU is an illegal organization under the existing labour laws. Despite calls by the international community to change these laws as it violates the core ILO conventions, the government has refused to do so. In a flagrant disregard to these international demands, the South Korean government has once again launched a full fledged attack against the KGEU through a serious of actions, the most blatant being the coordinated forced closure of all local KGEU union offices.
On Friday, September 22, the government sent in thousands of riot police across the country to use "any means necessary" to shut down the KGEU union offices. The police identified "any means necessary" as using fire extinguishers, fire-fighting dust, hammers, claw hammers, hammer drills, and power saws." Armed with these weapons, riot police and hired thugs forced inside local union offices, using brute force dragged KGEU members and their supporters outside the office, and then finally shutting and sealing the offices like coffins. In the words of a KEGU leader, "more than 100 municipalities nation wide turned into battle fields." By the end of the day out of a total 251 local union offices, 81 were completely shut down. Many were injured and as a result some were hospitalised. Some KGEU members and their supporters were arrested and detained. It is quite clear that the government is determined to do everything in its power to systematically destroy the KGEU.
85 KFCITU Members Imprsioned
Across the country over 100 trade unionists have been imprisoned just for exercising their fundamental trade union rights---right to organize, the right to strike, and the right to bargain. The KFCITU members consists the majority of those in jail due to a series of strikes conducted by KFCITU affiliates, specifically, its Daegu local union, Ulsan local union, and the Pohang local union. Stating that KFCITU members incited violence, caused disturbance of the peace, and coordinated or participated in violent, illegal industrial actions, the government has imprisoned 85 KFCITU members. Much more alarming is the fact the government habitually mobilizes thousands of riot police across the country to forcibly break KFCITU actions and strikes. Despite the fact that the union has legal permits that give them the right to conduct demonstration and marches, the police will often bar them going forward or attempt to shut down the actions. At times, the police violence is extreme resulting in many injuries and in the case of Ha Joong Keun, a tragic death. Brother Ha died from injuries he suffered after several riot police repeatedly beat him on the head with their metal shield. To date, Roh Moo Hyun government has refused to accept full responsibility and call for an end to police violence during industrial actions.
Even though the CFA raised serious concerns in the South Korean government using criminal law to arrest and imprison union leaders and organizers, throughout this summer, the prosecution has once again charged KFCITU organizers for using force, bribery, and extortion. The organizer’s only "crime" has been to recruit and organize construction site workers, one of the most marginalized in South Korean society.
"September 11 Deal"---Legislative Measures to Undermine Labour Rights
On September 11, the South Korean government announced the "Grand Tripartite Agreement" on the Roadmap for Industrial Relations Reforms. The proposed agreement was negotiated and agreed by the members of the tripartite committee---the Ministry of Labor, the Korean Employer’s Federation, the Korean Chamber of Commerce, the Korean Tripartite Commission and the Federation of Korean Trade Unions (FKTU). However, one of the tripartite members, the Korean Confederation of Trade Unions (KCTU) representing 800,000 members was deliberately excluded from this meeting, as it was not even notified about the meeting itself even though they had been participating in previous meetings.
This bill, referred to as the "9-11 Deal", falls far short of the original legislative objective of reforming industrial relations and systems in South Korea. The government had publicly stated that the main principles behind their proposal were to "build industrial relations that conform to international standards, form multiple-level social partnership and to establish voluntary industrial relations grounded in both autonomy and responsibility." However, the "9-11 Deal is completely contrary to that goal. The main reason being that once again the government has deferred the existence of multiple unions at the enterprise level for another three years. In doing this, the government has in the words of the ICTFU/TUAC/GUFs mission has taken a "disturbing step backwards."
In addition, the South Korean government has stated that the new agreement is in line with international standards since it has repealed provisions mandating compulsory arbitration but in reality the government has done the exact opposite, as they have replaced with "essential services" and in fact the government has actually expanded the scope of "essential" public services to include air transport, blood supply, water purification, and steam and hot water supply. Thus, even though even though compulsory arbitration is repealed on paper, workers in the "essential" public services will not be able to truly exercise their right to collective actions.
General Strike and International Day of Action
Despite the government repression and the challenges they are facing, the KCTU is determined to proceed forward. The KCTU has developed and plans to implement a national, comprehensive, strategic campaign to mobilize its 800,000 members against the South Korean government’s repressive efforts to undermine fundamental labour rights in South Korea. KCTU members will be organized and mobilized in full force as their right to exist is once again threatened. The KCTU will launch a General Strike on November 15 and in conjunction with this strike, the KCTU calls on the international community to coordinate a series of actions and events to support their struggle. .
WHAT YOU CAN DO
Participate in the International Day of Action (November 15, 2006) by conducting a demonstration in front of a South Korean embassy or consulate, coordinating a press conference, or issuing. When you plan to organise something on that day, please let us know. We will update your plans on our web-site.
Send a protest letter to President Roh Moo Hyun at the Blue House: 82-2-770-1690 (Fax) or e-mail at president [at] cwd.go.kr
Copies should be sent to the Minister of Labour, Minister Lee Sang-Soo at 82-2-504-6708, 82-2-507-4755 (Fax) or e-mail at m_molab [at] molab.go.kr. And sent to the Minister of General Administration and Home Affairs, Minister Lee Yong-Sup at 82-2-2100-4001(Fax)
Please send copies to the KCTU at 82-2-2635-1134(Fax) or e-mail at inter [at] kctu.org
We will continue to update related information.
If you have any questions or need more information, please contact:
Lee Changgeun
International Director
Korean Confederation of Trade Unions
Tel.: +82-2-2670-9234 Fax: +82-2-2635-1134
E-mail: inter [at] kctu.org Web-site : http://kctu.org
2nd Fl. Daeyoung Bld., 139 Youngdeungpo-2-ga, Youngdeungpo-ku, Seoul 150-032 Korea
Korean Confederation of Trade Unions
2nd Fl. Daeyoung Bld., 139 Youngdeungpo-2-ga, Youngdeungpo-ku, Seoul 150-032 Korea
Tel.: +82-2-2670-9234 Fax: +82-2-2635-1134 E-mail: inter [at] kctu.org http://kctu.org
The Counter Report to the Third Periodic Report of the Republic of Korea Under Article 40 of International Covenant on Civil and Polical Rights
For the UN Human Rights Committee
October, 2006
Korean Confederation of Trade Unions(KCTU)
Contents
1. General Information on Basic Labour Rights Situation ---------- 3
2. Problems with the "Grand Tripartite Agreement" for the Advancement of Industrial Relations ------------------------------------ 6
3. ICFTU/TUAC/GUFs Joint Mission to Korea ----------------- 13
4. List of Trade Unionists Imprisoned ----------------------- 20
5. UNION MEMBER DIES DUE TO SEVERE BEATING BY RIOT POLICE --- 25
6. Government Employees’ Basic Labour Rights In Korea -------- 29
7. National Human Rrights Commission of Korea(NHRCK) Recommends Improvements to Gender-Discriminative Hiring of Female KTX Attendants --41
8. Disguised Self-employed Workers in Korea and Violation of Their Right to Work ----------------------------------------------------------- 42
General Information on Basic Labour Rights Situation
When South Korea joined the Organization for Economic Cooperation and Development (OECD) in 1996, there was much hoopla and expectations. To the international community it appeared that South Korea was on the brink of shedding is shameful image of dictatorship that undermined democracy and fundamental trade union rights. At the time, South Korean government committed to "reform existing laws on industrial relations in line with internationally accepted standards, including those concerning basic rights such as freedom of association and collective bargaining." However, ten years later, South Korea has not even come close. The recent repressive actions of the South Korean government under the Roh Moon Hyun administration clearly shows that South Korea has failed as an economically developed democratic country in ensuring fundamental trade union rights according to international labor standards.
In March of this year, the Committee on Freedom of Association (CFA) of the ILO announced its recommendations in association to trade union rights violations in South Korea. The recommendations raised serious concerns on the government’s repression against trade unions, specifically the Korean Government Employees Union (KGEU) and the Korean Federation of Construction Industry Trade Unions (KFCITU). However, the government not only has refused to implement these recommendations but more importantly it has chosen to intensify its attacks on the KGEU and the KFCITU, thus, snubbing its "nose" to international labor standards. In addition, the government has failed to ensure the fundamental basic rights of irregular (subcontract, part-time, dispatched, "self-employed", etc.) workers, which makes up the majority of the work force in South Korea.
Since 2002, the ILO has called on the South Korean government to recognize the KGEU but the government steadfastly refuses to do so, stating that the KGEU is an illegal organization under the existing labor laws. For a number of years, the international community has called on the South Korean government to change these laws as it violates the core ILO conventions. In a flagrant disregard to these international demands, the South Korean government has once again launched a full fledged attack against the KGEU through a serious of actions, the most blatant being the coordinated forced closure of all local KGEU union offices.
On Friday, September 22, the government sent in thousands of riot police across the country to use "any means necessary" to shut down the KGEU union offices. The police identified "any means necessary" as using fire extinguishers, fire-fighting dust, hammers, claw hammers, hammer drills, and power saws. Armed with these weapons, riot police and hired thugs forced inside local union offices, dragging KGEU members and their supporters outside the office, and then finally shutting and sealing the offices like coffins. In the words of a KEGU leader, "more than 100 municipalities nation wide turned into battle fields." By the end of the day out of a total 251 local union offices, 81 were completely shut down. Many members were injured and as a result some were hospitalised. Some KGEU members and their supporters were arrested and detained. It is quite clear that the government is determined to do everything in its power to systematically destroy the KGEU.
Across the country over 100 trade unionists have been imprisoned just for exercising their three basic fundamental trade union rights---right to organize, the right to strike, and the right to bargain. The KFCITU members comprise the majority of those in jail due to a series of strikes conducted by KFCITU affiliates, specifically the Daegu, Ulsan, and Pohang local unions. Stating that KFCITU members incited violence, caused disturbance of the peace, and coordinated or participated in violent, illegal industrial actions, 49 KFCITU members are still imprisoned. Much more alarming is the fact the government habitually mobilizes thousands of riot police across the country to forcibly break KFCITU actions and strikes. Despite the fact that the union had legal permits that give them the right to conduct demonstration and marches, the police will often bar them going forward or attempt to shut down the actions. At times, the police violence is so extreme that it results in numerous injuries and in the case of Ha Joong Keun, a tragic death. Brother Ha died from injuries he suffered after several riot police repeatedly beat him on the head with their metal shields. To date, government has refused to accept full responsibility for Ha’s death and call for an end to police violence. Instead, the government has alluded that the violent actions of the KFCITU is the reason behind the arrests, injuries, and even death of Ha Joong Keun.
Even though the CFA raised serious concerns about the South Korean government using criminal law to arrest and imprison trade unionists, throughout this summer, the prosecution once again charged KFCITU organizers for using force, bribery, and extortion to sign collective bargaining agreements with construction companies. The union’s only "crime" has been to organize construction site workers, who are one of the most marginalized sectors of South Korean society.
From the recent harsh sentencing---imprisonment from two to three years---against the key leaders of the Pohang local union, it is evident that the South Korean government is using the KFCITU as an example to deter construction workers from joining unions. More importantly, many in the labor movement believe the government’s actions is an attempt to stop irregular workers from organizing, as at least 80% of the work force in the construction industry are irregular workers.
Indeed, in the wake of the 1997 Asian Financial Crisis, rapid casualization ensued and irregular workers (contract, dispatch, "specially-employed" [self-employed], and part-time workers) have become the majority of the Korean workforce. Yet in such cases where the employment relationship is disguised, the State has failed to uphold existing labor laws, resulting in the preclusion of this whole class of workers from exercising trade union rights fundamental to all workers (freedom to form a trade union, collective bargaining and collective action). In the metal sector, the Labor Ministry itself has ruled that many of the workers victimized by en masse retaliatory dismissals for organizing a union were victimized by employers using the illegal practice of hiring them as dispatch labor disguised as subcontracting, and that the workers should be regularized; yet, at the time of the ICFTU mission, some 700 irregular workers in the metal sector were still struggling for reinstatement after dismissal for having organized a union. For example, the Labor Ministry found that Kiryung Electronics illegally used labor dispatch, but the irregular women workers of Kiryung Electronics are the ones subject to all kinds of physical assault —by thugs privately employed by the employer as well as police violence—fear, imprisonment and intimidation because of their union activities. Further, the president of the union local recently collapsed in the course of a hunger strike during a protest visit to the Labor Ministry; yet, the state intervention in this case has been to imprison the union president, push situations to clashes by mobilizing large forces of riot police and generally shield the employer from obligation to resolve outstanding issues with the union in bargaining. The women workers of the KTX, the high-speed bullet train, have also been subject to such repression of their freedom to organize a union, and here again, we saw state intervention to quickly close in on exercise of fundamental trade union rights.
"September 11 Deal"---Legislative Measures to Undermine Labor Rights
On September 11, the South Korean government announced the "Grand Tripartite Agreement" on the Roadmap for Industrial Relations Reforms. The agreement was concluded in an "Emergency Session" of the tripartite representatives meeting, attended by the Ministry of Labor, the Korean Employer’s Federation, the Korean chamber of Commerce, the Korean Tripartite Commission and the Federation of Korean Trade Unions (FKTU). However, one of the tripartite members, the Korean Confederation of Trade Unions (KCTU) representing 800,000 members was deliberately excluded from this meeting. It was not even notified about the meeting even though they had been participating in previous meetings.
This bill, referred to as the "9-11 Deal", falls far short of the original legislative objective of reforming industrial relations and systems in South Korea. The government had publicly stated that the main principles behind their proposal were to "build industrial relations that conform to international standards." However, the "9-11 Deal is completely contrary to that goal. The main reason being that once again the government has deferred the existence of multiple unions at the enterprise level for another three years. In doing this, the government has in the words of the ICTFU/TUAC/GUFs mission taken a "disturbing step backwards."(Please see the attached related-report)
In addition, the South Korean government has stated that the new agreement is in line with international standards since it has repealed provisions mandating compulsory arbitration but in reality the government has done the exact opposite, for they have expanded the scope of "essential" public services to include air transport, blood supply, water purification, and steam and hot water supply. Thus, even though compulsory arbitration is repealed, it exists only on paper, as workers in the "essential" public services such as transportation and public health, will be subject to imposition of Emergency Mediation, which includes compulsory arbitration with additional obligations to maintain minimum services as well as the imposition of a replacement workforce. In a nutshell, these workers will be subject to a 3-fold regulation that would effectively cut back on their right to exercise the right to collective actions.
Problems with the "Grand Tripartite Agreement" for the Advancement of Industrial Relations
1. Introduction
On September 11, the South Korean government announced the "Grand Tripartite Agreement" on the Roadmap for Industrial Relations Reforms. The proposed agreement was negotiated and agreed by the members of the tripartite committee---the Ministry of Labor, the Korean Employer’s Federation, the Korean chamber of Commerce, and the Federation of Korean Trade Unions (FKTU). However, one of the tripartite members, the Koran Confederation of Trade Unions (KCTU) representing 800,000 members was deliberately excluded from this meeting. The KCTU was not even notified about the meeting itself even though they had been participating in previous meetings.
The unjust and undemocratic "9-11 deal" falls far short of the legislative intention of the original plan to reform industrial relations laws and systems, much less some kind of actual "advancement" in industrial relations. The South Korean government had publicly declared that the main principles behind the original policy to revamp industrial relations were to "build industrial relations that conform to international standards, form multiple-level social partnership and to establish voluntary industrial relations grounded in both autonomy and responsibility."
Since the unjust and undemocratic "9-11 deal" once again defer enterprise-level union pluralism in exchange for postponing prohibition on wage payment to full-time union officers (who have 100% time-off for union activities) and excludes legislative ground to allow institutionalization of industrial-level collective bargaining, it not only fails miserably at constructing a multiple structure for industrial relations but rather consolidates enterprise-level unionism. Furthermore, the "9-11 deal" seriously contravenes the principle of "autonomy with responsibility" in that it introduces excessive legislative intervention regarding the right to strike for workers in the public sector.
The South Korean government has been most responsible for bringing about these outcomes. In 2003, after the government announced its hastily-constructed "Roadmap of the Advancement of Industrial Relations Laws and Systems," it made no effort whatsoever in making the legislation concrete or specific in light of the realities facing South Korean workers. Instead, the laws simply focused on building the government’s agenda without full consultation and bona fide negotiations with the concerned parties. In light of the government’s manipulation of the situation, critical challenges for decisively reshaping the very future of the South Korean industrial relations shrank from discussions to a mere object of barter.
2. Major Contents of the "9-11 Deal"
The following is a summary of the most harmful provisions included in the "9-11 Deal".
- Enterprise-level Union Pluralism: extending the prohibition (it was originally to be lifted in 2006) on enterprise-level union pluralism for an additional three years.
- Ban on wage payments to full-time union officers: the current law prohibits wage payment of full-time union officers. The amendment would postpone the implementation for an additional three years.
- Replacement workers at essential public services and compulsory arbitration: In exchange for abolishing compulsory arbitration, the scope of "essential" public services will be broadly expanded, and the replacement workers will be implemented at a full scare. Furthermore, "essential" public services will be now subjected to maintenance of minimum services obligation. Yet because the "emergency mediation" clause, which contains compulsory arbitration, was not repealed, workers in the essential public services shall be subject to a three-fold regulation (replacement work, obligation to maintain "minimum" services, compulsory arbitration under emergency mediation).
- Unfair dismissal: introduction of a monetary compensation system so when workers are unfairly dismissed, instead of the employer reinstating the worker to her/his original position after it has been proven to be an unfair dismal, the employer now only have to pay compensation to the worker. In addition the penal punishment imposed on employers who unfairly dismiss workers has been abolished so now there are no longer any sanctions against employers for unfair dismissals.
- Dismissal for managerial reasons (redundancy dismissal): When employers choose to conduct mass layoffs for managerial reasons, the "prior notice period" has been vastly reduced from 60 days to days due to "labor market flexibility." Because of this, over 90% of the work places are likely to give a notification of 30 days prior to mass dismissal instead of the current 60-days prior notice.
- While these problematic provisions were included, the following items submitted by the KCTU to advance industrial relations were not---institutionalization of industrial-level collective bargaining, ensuring fundamental trade union rights for disguised self-employed worker, government employees, professors, and teachers, and reforming the abuse of damages claims and provisional seizure of assets [punishing strike action] system.
3. Detailed Comparisons
1) Enterprise-level Union Pluralism and Ban on Wage Payment to Full-time Union Officers
The South Korean government has already postponed the implementation of enterprise-level union pluralism for the last 10 years under the excuse of the prevention of social unrests and the need of preparation period.
On September 11, the government once again postponed the legislation of union pluralism at the enterprise level for a further three years under the same reasons of preventing social unrest, in exchange for the postponement of ban on wage payment to full-time union officers for the same period. However, the legalization of enterprise-level union pluralism is the very heart of internationally-recognised fundamental trade union rights, which should be implemented immediately. The South Korean tripartite members have been given a long ten years of preparation for this to be a reality.
It should be noted that there are hardly any other major country in the world that has continuously prohibited union pluralism at the enterprise level through a legislative fiat. Clearly, such prohibitions violate international standards relating to freedom of association specifically as outlines by the ILO conventions.
Not only does deferment of enterprise-level union pluralism seriously restrict the autonomous right to form unions, but it will also have a pronounced effect in blocking fundamental trade union rights for irregular workers and workers at small and medium-sized enterprises. These consequences will undoubtedly stymie efforts to increase the overall union density in South Korea.
In case of the question of wage payments by employers to fulltime union officers, it is a separate issue thus it should not be connected to union pluralism at the enterprise-level. The ILO’s Committee on Freedom of Association (CFA) have has repeatedly recommended the government to allow workers and employers to conduct free and voluntary negotiations in respect of this matter, rather than to legislate on this issue.
So the ban on wage payment to union officers by the legislation also falls far short of international standards, and the South Korean government should repeal the related articles, section 24(2) of the TULRAA. However, the South Korean government and the participating concerned parties of the "9-11 Deal" has not challenged this principle but merely postponed it at the sacrifice of fundamental trade union rights including the legalization of union pluralism at the enterprise level.
The KCTU urges the South Korean government and concerned parties that the question of enterprise-level union pluralism should not be an object of barter for a deal of anything.
<Related ILO Committee on Freedom Association Recommendations and Principles>
1. 340th Report of the Committee on Freedom of Association (March, 2006)
(i) to take rapid steps for the legalization of trade union pluralism at the enterprise level, in full consultation with all social partners concerned, so as to guarantee at all levels the right of workers to establish and join the organization of their own choosing;
(ii) to enable workers and employers to conduct free and voluntary negotiations in respect of the question of payment of wages by employers to full-time union officials;
2. 309th Report of the Committee on Freedom of Association (March, 1998)
The Committee considers that the prohibition of the payment of full-time union officials by employers is a matter which should not be subject to legislative interference. It therefore calls upon the Government to repeal section 24(2) of the TULRAA.
3. ILO Committee on the Freedom of Association
Even though it may well be in the workers’ interest to have one sole union, compelling union monism by law contravenes article 2 of convention 87. There is a fundamental difference between a situation in which the law enforces union monism and a situation in which workers have composed a single union of their own accord. Direct and indirect intervention by the State--in particular, intervention by the State through the law--cannot be justified by saying that avoidance of contention among multiple unions is advantageous to the realization of workers’ rights and interests.
2) Essential Public Services and Compulsory Arbitration
The South Korean government has been publicizing itself as having approached international labor standards by repealing provisions mandating compulsory arbitration for essential public services. However, a close look at the specific wording reveals that while the ILO recommended reducing the scope of "essential" public services, the South Korean government has done the reverse and in fact expanded the scope.
Without reasonable grounding, the "9-11deal" adds the following to the "essential" public services: air transport, blood supply, treatment of waste water and sewage and steam and hot water supply. In addition, the railroad services, the subway and the petroleum sector still remain on the list of "essential" public services, even though the CFA of the ILO, "considers those sectors do not constitute the essential services in the strict sense of the term whose interruption would endanger the life, personal safety or health of the whole or part of the population."
Consequently, even though compulsory arbitration is repealed on paper, workers in the "essential" public services will be subject to imposition of Emergency Mediation, which includes compulsory arbitration with additional obligations to maintain minimum services as well as the imposition of a replacement workforce. In a nutshell, these workers will be subject to a 3-fold regulation that would effectively cut back on their right to exercise the right to collective actions.
<Related ILO Committee of Freedom Association Recommendations and Principles>
1. 327th Report of the Committee on Freedom of Association (March, 2002)
488. Regarding the scope of essential public services, currently listed in section 71(2) of the TULRAA, where the right to strike could be prohibited, the Committee notes with interest that inner-city bus services and banking services were removed from this list as of 1 January 2001. Consequently, the remaining public services where the right to strike could be prohibited include railroad services (including intercity rail), water, electricity, gas supply, oil refinery and supply services, hospital services and telecommunications services. The Committee considers that railroad services, the subway and the petroleum sector which remain on this list do not constitute essential services in the strict sense of the term whose interruption would endanger the life, personal safety or health of the whole or part of the population. They constitute, however, in the circumstances of this case, public services where a minimum service which is negotiated between the trade unions, the employers and the public authorities could be maintained in the event of a strike so as to ensure that the basic needs of the users of these services are satisfied. Noting the Government’s statement that discussions will continue in the Tripartite Commission on further modifying the scope of essential public services in line with ILO principles on freedom of association, the Committee would request the Government to further amend the list of essential public services contained in section 71 of the TULRAA so that the right to strike may be prohibited only in essential services in the strict sense of the term.
2. 340th Report of the Committee on Freedom of Association (March, 2006)
781.-(b) As regards the other legislative aspects of this case, the Committee urges the Government:
(iii) to amend the list of essential public services in section 71(2) of the Trade Union and Labour Relations Amendment Act (TULRAA) so that the right to strike may be restricted only in essential services in the strict sense of the term;
3) Replacement Workforce
The 9-11 unjust and undemocratic deal takes the position of allowing replacement workforce through new hiring whereas ILO standards protect workers’ right to strike without having to give up their jobs in exchange. Enabling new hiring during a strike makes it difficult for workers to return to their original jobs after a strike, and thus does not conform to international standards.
4) Industrial-level Collective Bargaining
The "9-11 deal" thoroughly excludes the KCTU proposal relating to institutionalization of industrial union bargaining relations. Transformation of enterprise-level unions to industrial unions has already reached 65.4% in the KCTU; yet, only a tiny number have concluded their collective bargaining agreements through actual industrial-level collective bargaining.
This forms a striking contrast to the major nations of the West, where there are institutional mechanisms for stable industrial bargaining. Not only does the South Korean labor laws lack legal mechanisms to rein-in employers who evade bargaining responsibilities, but the labor law also defines lawful industrial action so narrowly that industrial actions taken by industrial unions are unprotected.
Furthermore, South Korea is among the worst in collective bargaining agreement coverage among OECD nations; as the scope of coverage stalls at about 10%, which is even lower than the union density of 11%. This is due to the requirements for extending application of industrial agreements to a region are excessively demanding (requiring 2/3 of the workers in that region), extending protections (beyond the enterprise level) is impracticable and there exists no system comparable to internationally recognized ones that extend the efficacy of industrial collective agreements to the industrial level.
5) Government Employees
The issue of fundamental trade union rights for government employees was likewise completely excluded. The "Act on the Establishment and Operation, etc. of Public Officials’ Trade Unions" came into effect on January 28, 2006. The act, which was supposed to guarantee the trade union rights of government employees, instead severely limits their trade union rights and union activities. Indeed the act was unilaterally legislated by the government without any consultations with government employees unions concerned.
The KCTU and the KGEU raised the issue on government employees’ trade union rights in the tripartite representatives meetings, and an agreement was made in July between the government and the unions to table the agenda on government employees’ union rights during forthcoming negotiations. Since then, however, no meetings on the issue were held. The Ministry of Government Administration and Home Affairs (MOGAHA) had refused to participate in the negotiating table and furthermore, claimed that the tripartite representatives meeting should not even deal with the issue, contradicting the agreement made in July.
Instead, the government squeezed up the repressive waves against the KGEU, the largest trade union in civil service representing around 140,000 government employees.
Despite the fact that the ILO adopted recommendations on government employees’ trade union rights in March, 2006, shortly after, the MOGAHA issued the "Directive to Promote the Transformation of Illegal Organisations into Legal Trade Unions (Voluntary Withdrawal of Membership)" - identifying the KGEU as an illegal organization on the basis that it hasn’t submitted notice of establishment pursuant to the new act. The Ministry also indicated that "no dialogue and collective bargaining will be permitted for the KGEU, "an illegal organization" and instructed all government offices "to force transformation of KGEU locals into a "legal" trade union and to issue orders to "voluntarily" withdraw membership from the KGEU. The Ministry even instructed local governments to threaten the KGEU members that there will be disciplinary actions for failure to comply with the orders. In order to enforce this "transformation", the directive proposed "individual contacts", "home visits", and "telephone calls" to "persuade" the KGEU members and their family members.
The repression went further. On August 3, 2006, the MOGAHA issued another directive that specifically requested that all government offices take firm actions against the KGEU in order to "take thorough countermeasures including forceful closing down of the illegal organizations’ offices nation wide. The Ministry asked "to exclude KGEU members from personnel committees, to actively encourage the KGEU members to withdraw memberships, to prohibit union dues check-off system and to block any financial supports like voluntary contribution or donation to the union."
While the ILO Asia Regional Meeting was taking place in Busan, Korea, one of the KGEU local offices was forcefully closed down on August 30. Furthermore, from September 22 to 28, the KGEU local offices nation wide were attacked by riot police and the specially hired thugs to forcefully close the offices down. As of September 28, 2006, 119 KGEU offices have been shut down and in many cases the doors to the union offices were sealed off with iron plates or bars. The KGEU members inside the offices were violently pulled out. Dozens of KGEU members and solidarity organization members were arrested and some of them were seriously injured.
ICFTU/TUAC/GUFs Joint Mission to Korea
September, 2006
The International Confederation of Free Trade Unions and the Trade Union Advisory Committee to the OECD accepted the invitation of our two Korean affiliates, FKTU and KCTU, to conduct a Fact Finding Mission prior to the 14th ILO Asian Regional Meeting to be held in Busan, Korea. Global Union Federations agreed to be part of the Mission, in close consultation with their respective Korean affiliates.
The Mission took place on 24-26th August 2006 (see programme and participants, appendix 1). Participants wish to thank FKTU and KCTU for the assistance and hospitality. The Mission visited Korea at an important crossroad: after almost one and half years into tripartite negotiations on a "Roadmap" to bring Korean legislation in line with ILO standards, only a few weeks were now left before the deadline established by the Government for finding a tripartite agreement without which it would go ahead and unilaterally propose legislation. Both KCTU and FKTU criticized the government for such a stance since very few meetings had actually taken place at tripartite level. Currently a "High Level Panel" had been established (including both FKTU and KCTU Presidents) and the negotiations were at a crucial phase.
Through the tripartite process, 23 points had already been agreed, but several critical ones were still unresolved, such as: payment of full time officials, trade union pluralism, compulsory arbitration, compensation for damages, provisional seizure of trade union assets, extension of TUR to fire fighters, redundancy of workers, false self-employment, repressive measures.
The Mission met with leadership of the FKTU and KCTU and their affiliates as well as with the Minister of Labour. It also visited a number of work sites and saw at first hand the disturbing effects of current Korean labour legislation and state interference, which does not respect fundamental workers’ rights. One of the most striking examples is the recent directive (January 2006) issued by the Ministry of Home Affairs (MOGAHA) to encourage the "voluntary withdrawal of membership" by public officials who are members of the Korean Government Employees Union (KGEU), forced closure of offices for the trade unions that refuse to register under the current severe limitations, criminalization of trade union activities (such as the directive establishing possible prison terms for wearing a vest with trade union insignia during working hours. A visit was made to a prison in Daegu to meet with imprisoned leadership of the local construction workers union, Daegu local union affiliated with the Korean Federation of Construction Industry Trade Unions. These trade unionists were charged with "forcing" construction site managers to sign collective bargaining agreements on behalf of unprotected subcontracted labour and thus "extorting" funds as a result of these agreements. A visit was also made to Kiryung Electronics, where the company discriminated against union members terminating contracts and dismissing members of the union beginning in July 2005 (a case included in a recent ILO complaint filed by the KMWF, KCTU and IMF). Finally, the mission visited the KTX Crew Union, which was entering in the 200 day of strike following the KTX’s (bullet train authority) refusal to enter into negotiation on the block dismissal of many crew workers, all of them women.
The central recommendation of the mission was that it is essential that the Korean government reform labour legislation to bring it into line with the ILO jurisprudence on core labour rights as repeatedly and unanimously recommended by the ILO Committee on Freedom of Association, the last time at its March 2006 sitting.
It is worth noting that the Korean case No. 1865 (1995) is now the second longest running ILO Freedom of Association Case after the Colombia Case No. 1787 (1994). The members of the Mission called for a halt to the repression and imprisonment of trade unionists most notably in the public sector and construction sector that have accelerated during the course of 2006. The mission hoped that rapid conclusion can be reached on the outstanding items in the Road Map that would bring Korean legislation into line with freedom of association principles and urged that the tripartite process and cooperation between the FKTU and the KCTU be strengthened. The mission called on the OECD to reinforce this message in its discussion with the Korean government particularly in the light of the occasion of the tenth anniversary of Korea’s membership of the organisation and the up-coming monitoring round of Korean labour legislation by the OECD Employment Committee (ELSAC) .
Korea joined the ILO on 9 December 1991 and the OECD in 1996: since then ICFTU, TUAC and other Global Union partners have worked with their Korean affiliates – the FKTU and the KCTU - to support efforts to bring the labour law in Korea in line with internationally recognised standards on freedom of association and collective bargaining to allow all workers to form and join trade unions of their own choosing.
On joining the OECD in 1996 the Korean authorities made the commitment "to reform existing laws on industrial relations in line with internationally accepted standards, including those concerning basic rights such as freedom of association and collective bargaining". Following the moves by the then government in the opposite direction in January 1997 and subsequent concerns expressed by the ILO, TUAC and a number of OECD member countries, the OECD Council instructed the Committee for Employment, Labour and Social Affairs (ELSAC), to "monitor closely the progress made on labour reforms in the light of that commitment". That process has continued to date.
It would be unfair not to recognize that steps forward have taken place. It is clear that the continuous attention of the ILO CFA and the OECD monitoring procedure have been important elements in the process of generating peer-group pressure that resulted in progress being made in reforming Korean labour law in line with international standards in the period 1998-1999. This is notably true with regard to the improvement of trade union rights in July 1999 and the legalisation of the KCTU later in the same year as well as the legalisation of educational unions and the partial reform of the law on third party intervention.
However since the completion of the 2000 OECD Labour Market Review on Korea, successive Korean governments have failed to make significant progress towards bringing "legislation in line with internationally accepted standards". The current labour legislation and government practice to criminalise trade union activity remain the subject of repeated criticism by national and international trade union organisations as well as by the ILO for failing to guarantee basic trade union rights to all workers.
Recent Developments
In the Roadmap for industrial relations reform published in 2004 the government indicated the steps it intended to take to further reform labour law and in principle address some although not all of the above issues.
Although tripartite discussions have advanced on the Road Map during the summer of 2006, there has been a significant repression by the Ministry of Home Affairs (MOGAHA) of the largest of the civil servants freely chosen unions – the Korean Government Employees Union – the KGEU.
The pressure on public sector workers is enormous: members of KGEU and their families often receive personal telephone calls at home outside working hours in order to disaffiliate from the union. Local authorities that would not want to impose restriction on organizing are kept under the threat of not receiving public funds. The strategy of intimidation, not surprisingly, is having an effect: for example, the Kyunggido branch (Provincial authority) of the KGEU which we visited has now 400 members compared to 1,167 at the beginning of 2006. It is important to reiterate that, in this example as for many others, this local union had been organized since the year 2000, when workers’ councils were established. In 2002 when the KGEU was launched, out of 1,400 eligible workers at the work site, 800 joined the union, with the membership subsequently growing.
The Mission also visited the KGEU branch of the Rural Development Administration, a research agency that is considered by the government as "essential sector". Again the information was that the union had been able to conduct peaceful negotiations in the past years (out of 1,300 eligible workers, 1,000 were members) but since May 7 members had been dismissed for having demanded negotiation on the issue of promotions (it should be recalled that local unions have no power to negotiate salaries – wages are decided unilaterally by the central government – but can negotiate bonuses or incentives). While the visit was conducted in the union’s facilities inside the RDA, we were informed that the facility would have been sealed on August 31st (the same letter has been received by unions in over 250 institutions).
The issue of the informalisation of the economy (the Korean informal sector is the largest among OECD countries and growing) was also at the centre of our Mission. One labour leader effectively put the issue in the right terms: "the government tells us that we do not represent informal sector workers, but when we decide to organize them we are immediately criminalised". This was particularly visible in the construction sector, which has recently experienced a surge of more than one hundred trade union activists in the construction sector jailed for seeking to exercise what in other countries would be normal trade union activities – namely collective bargaining with main building contractors.
The trade union leaders we met in jail had tried to reach a collective bargaining agreement with a subcontractor. He was in prison awaiting trial most probably facing a two-year in jail for charges that included obstruction of business, assembly, extortion, blackmail. The most serious charges defined collective bargaining with main contractors on behalf of sub-contract workers as extortion. The contractors had come to the table and were ready to negotiate, but the prosecutors charged the unions with criminal conduct. While many lawyers of sub-contractors make the bargaining situation difficult per se, it is a fact that for the time being in Korea collective bargaining in the construction sector is currently carried out in more than 10 districts in the country. The more this sector has become profitable, the more the government is squeezing workers’ rights. It was felt that while in the ‘80s and ‘90s the situation had steadily improved, now workers are going backwards in the construction sector, but also in metalworking and other sectors. Estimates state that 60-70% of the total Korean workforce is irregular workers (non-permanent, part-time, contract, sub-contract and "dispatched" workers).
It should be noted that of the more than 2 million workers in the construction industry, 80% are irregular workers. Working conditions faced by irregular workers in the construction industry are horrendous: at least two workers die as a result of an accident per construction site. The majority of workers work 12 hours a day, 7 days a week with no suitable facilities, medical benefits, vacation or overtime paid. The system of payment is such that workers are not paid until at least one or two months after they have completed work. Nevertheless, construction unions have been actively trying to organize workers in the construction industry. If unions are capable to organize them, then there are no excuses for not bargaining better working conditions for all, hence the heavy repression towards the unions. This took a tragic turn during August 2006 with the death of Ha Jeung Koon, a member of the Pohang local union of the KFCITU who died of severe beating by riot police during one of the demonstrations organized by the union. It is important to recall that another worker, Kim Tae-hwan, the chair of FKTU's Chungju regional chapter, was killed on 14 June 2005 when he was run over by a cement truck while on the picket line in front of the Sajo Remicon cement factory: the fact that lead to the one year delay in holding the ILO Regional meeting.
The Mission was able to meet Mr. Lee, Minister of Labour of Korea (riot police were called at the entrance of the MoL when we entered the compound). In May 2006 the MoL had issued a press statement calling the recommendations of the ILO CFA "incautious and inconsistent" and "beyond the ILO’s powers". Our first question was for an explanation: the Minister spoke about "misunderstandings". He spoke of a difficult phase that MoL was not alone in taking decisions. He also candidly admitted that Korea was not able to ratify ILO C. 105 since trade unionists can be sent to prison under the current criminal law, so the ratification has to wait. While he was adamant that the government had no intention to give the right of collective action to public workers, he recognized MoL rulings on the use of illegally dispatched workers in the metalworking sector, though on the remedy of regularizing these workers he pointed to conflicting opinions between MoL and prosecutors, eventually hiding behind the independence of powers ("it is quite difficult for the government to challenge the judicial once the court has adopted a ruling"…. he did not admit that if the government would change the legislation to bring it into line with ILO standards, the judiciary could easily issue different ruling).
Subsequent visits to other unions confirmed the growing precarisation of the workforce and the attempts to weaken the collective representation by the labour movement. The Korean government and employers at the last ILC spoke about the idea to introduce legislation that would further flexibilize the labour market, through a bill on selfemployment which would further reduce labour protection (out of 8 estimated million irregular workers, 2 million are self-employed: the classic example is the one of truck drivers, who were all permanent employees up to the early ‘90s when they suddenly became self-employed, even if the contractors decide everything from hours of work, wages, etc).
Conclusion of the ICFTU/TUAC/Global Union Federation Mission
The mission was deeply concerned over the worsening labour situation in Korea where serious violations of workers and trade union rights are taking place. The violence perpetrated against workers involved in peaceful rallies and demonstrations to uphold their fundamental rights and improve their wages and working conditions is of deep concern. Such aggression had caused the deaths of two workers and injuries to many others and led in recent months to the imprisonment of more than one hundred unionists. The mission called for the immediate release of detained trade unionists.
The mission also strongly condemned the violation of public servants’ right to freedom of association with the forced closure of many union offices that has accelerated during the course of 2006. It urged the government of Korea to honour and respect workers’ rights as embodied under the ILO core labour standards and its commitment given to the OECD in 1996.
Recalling the Conclusions adopted by the ILO Committee on Freedom of Association at its March 2006 sitting, the mission strongly urged the Korean government to make the following changes in its labour legislation:
Fully guarantee the rights of public employees by:
(i) ensuring that all public servants including those at Grade 5 or higher have the right to form their own associations and not to define this category of staff so broadly as to weaken the organizations of other public employees;
(ii) guaranteeing the right of firefighters to establish and join organizations of their own choosing;
(iii) limiting any restrictions of public servants’ right to strike only to those who are in the essential services as defined by the ILO;
(iv) reversing the order to close down offices of public employees’ unions that have exercised their fundamental right to establish organizations of their own choosing for several years already.
In respect of all workers, the mission also urged the Government:
(i) to take rapid steps for the legalization of trade union pluralism at the enterprise level so as to guarantee at all levels the right of workers to establish and join the organization of their own choosing;
(ii) to allow workers and employers to conduct free and voluntary negotiations in respect of the question of payment of wages by employers to full-time union officials, rather than to legislate on this issue;
(iii) to amend the list of essential public services in the Trade Union and Labour Relations Amendment Act (TULRAA) so that the right to strike may be restricted only in essential services in the strict sense of the term;
(iv) to repeal the notification requirement and the heavy penalties, including imprisonment, for exercising the fundamental right of collective bargaining;
(v) to repeal the provisions prohibiting dismissed and unemployed workers from keeping their union membership and making non-union members ineligible to stand for trade union office;
(vi) to immediately bring section 314 of the Penal Code (obstruction of business) in line with freedom of association principles, ensuring that investigations will not include detention for workers that have tried to exercise their fundamental rights;
(vii) to refrain from any act of interference in the activities of FKTU and KCTU, such as violent police intervention in rallies, injury of trade unionists, intimidation and harassment of trade union leaders and members;
(viii) to issue appropriate instructions so that all actions of intimidation and harassment against the unions officials cease immediately, to review all convictions and prison sentences, and to compensate officials for any damages suffered as a result of their prosecution, detention and imprisonment;
(ix) to promote recognition that collective agreements negotiated with main contractors can apply to all workers including those hired by subcontractors.
The mission urged the Government of Korea to finalise the "roadmap" in full consultation and bona fide negotiation with FKTU and KCTU in order to positively and promptly address the above issues.
The mission called for the prompt establishment of an independent Commission of Inquiry on the recent deaths of two construction workers and for the release of all unionists who are currently detained simply for having exercised their fundamental rights.
It urged the government to refrain from the heavy use of the "riot police" in dealing with industrial relation matters, since the climate of intimidation and confrontation fuelled by this menacing presence is not conducive to the peaceful resolution of outstanding matters.
It also urged ILO and OECD to take all the appropriate steps to assist FKTU and KCTU in their legitimate claim to uphold workers’ rights in Korea:
- the International Labour Office should provide technical assistance in redrafting current legislation;
- the ILO Committee on Freedom of Association and the OECD ELSA Committeee should send a mission to Korea to reinforce their respective monitoring process.
Finally the Mission urged the international labour movement to renew international solidarity and focus on the Korean situation.
These conclusions were also supported in a statement issued by the ILO workers group attending the ARM on 30 August.
Immediately after the Asian Regional Meeting, the government decided to table legislation postponing the commitment to multiple unions at company level for a further three years. The members of the Mission consider that this decision, even though it came out of a negotiating situation, represents a disturbing step backwards from freedom of association as defined by the ILO.
Hence, we reiterate the need for the Korean government to promptly amend legislation in order to fully adhere to the recommendations of the ILO Committee on Freedom of Association and to give immediate and constructive answers to all the points raised in the Conclusions of the ICFTU/TUAC/GUFs Fact Finding Mission of August 2006.
Anna Biondi, Director ICFTU Geneva Office, Secretary ILO Workers’ Group
John Evans, General Secretary OECD-TUAC
Subramaniam Kandiah, Director ICFTU-APRO
Balan Nair, General Secretary BWI_APRO
Katsuhiko Sato, General Secretary PSI-APRO
Ron Blum, Director IMF Automobile Section
Government Suppression against the Trade Union Activities
List of Trade Unionists Imprisoned (As of September, 2006)
No. Name Union Title Charge/Incident Legal Status
1. Yoo Ki Soo KFCITU General Secretary Protest Against the Death of Ha Joong Keun Rally Undergoing Trial
2. Lee Young Rok Kyonggido Local Union, KFCITU General Secretary Extortion/Bribery Regarding signing of CBAs Undergoing Trial
3. Kim Jong Deuk Kyonggido Local Union, KFCITU Union Member Extortion/Bribery Regarding signing of CBAs Undergoing Trial
4. Cho Joon Haeng Kyonggido Local Union, KFCITU Vice President Extortion/Bribery Regarding signing of CBAs Undergoing Trial
5. Lee Kwang Il Kyonggido Local Union, KFCITU Previous President Extortion/Bribery Regarding signing of CBAs Undergoing Trial
6. Moon Jung Yu Daegu Local Union, KFCITU Organizing Team Leader Daegu Local Union General Strike (June, 2006) Undergoing Trial
7. Oh Sang Yong Daegu Local Union, KFCITU General Secretary Daegu Local Union General Strike (June 2006) Undergoing Trial
8. Kim Eun Soo Daegu Local Union, KFCITU First Vice President Daegu Local Union General Strike (June 2006) Undergoing Trial
9. Sin Hyun Beum Daegu Local Union, KFCITU Branch Director Daegu Local Union General Strike (June 2006) Undergoing Trial
10. Cho Ki Hyun Daegu Local Union, KFCITU President Daegu Local Union General Strike (June 2006) Undergoing Trial
11. Lee Kil Yu Daegu Local Union, KFCITU Vice President Daegu Local Union General Strike (June 2006) Undergoing Trial
12. Lee Seung Yu Daegu Local Union, KFCITU Vice President Daegu Local Union General Strike (June 2006) Undergoing Trial
13. Moon Kang Ho Daegu Local Union, KFCITU Branch Director Daegu Local Union General Strike (June 2006) Undergoing Trial
14. Jang Ok Ki Dump Truck Drivers Local, KFCITU Branch Director Dump Truck Drivers General Strike (April, 2006) Undergoing Trial
15. Park Hae Wook Ulsan Local Union, KFCITU President Daegu Local Union General Strike (June 2006) Imprisonment. 2
years & 6 months
16. Choi Seuk Young Ulsan Local Union, KFCITU Union Delegate Daegu Local Union General Strike (June 2006) Imprisonment. 2 years & 6 months
17. Kang Sang Kyu Ulsan Local Union, KFCITU Union Member Daegu Local Union General Strike (June 2006) Imprisonment. 1 year & 6 months.
18. Lee Moon Hee Ulsan Local Union, KFCITU Vice-Team Leader Daegu Local Union General Strike (June 2006) Imprisonment. 1 year & 6 months.
19. Lee Ok Seun Choongnam Local Union, KFCITU Organizing Director Extortion/Bribery Regarding signing of CBAs Undergoing Trial
20 Ha Dong Hyun Choongnam Local Union, KFCITU President Extortion/Bribery Regardin
Added to the calendar on Tue, Nov 14, 2006 7:07AM
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