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Violations of Public Sector Trade Union
Rights in South Korea
PSI Korea Council Special Report
PSI East Asian Sub-Regional Advisory Committee Meeting February 23-24, 2013, Macao
Contents1) Refusal of Union Recognition 1. Korean Government Employees’ Union 2. Fire Fighting Development Conference
2) Unfair Dismissal of Public Sector Union Members 1. Korean Government Employees’ Union 2. Korean Federation of Public and Transportation Workers’ Unions 3. Korean Health and Medical Workers’ Union
3) Legal/Policy-level Restrictions on Trade Union Rights 1. Government Budget Guidelines for Public Institutions 2. Advancement of Public Institution Labor Relations Policy 3. Special Act on Public Officials’ Labor Unions
4) Our Struggle
Refusal of Union RecognitionKorean Government Employees’ Union
Rejection of Notification of
Union Establishment Notification of union establishment rejected 3
times since founding (Sept. 2009)2009• 12.1, 1st submission of notification of union establishment• 12.4, Ministry of Labor requests revision of Constitution, information concerning dismissed workers among membership• 12.21, KGEU submits additional information• 12.24, 2009, 1st rejection of notification of union establishment - Reason: dismissed workers, workers in charge of oversight in membership, goal of ‘improving political status’ in Constitution
Rejection of Notification of
Union Establishment2010• 2.23-24, KGEU members vote on revision of Constitution• 2.24, 2nd submission of notification of union establishment• 3.3, 2nd rejection - Reason: dismissed workers, workers with supervisory functions in membership2012• 3.26, 3rd submission• 3.29, 3rd rejection - Reason: Goal of ‘improving political status’ in Constitution
Main Problems
1) ‘Notification’ system for union establishment actually run as a permit system
2) Review of union establishment notification: lacking in neutrality, independence and professionalism
3) Ministry of Labor abuses its authority in violation of freedom of association rights
Demands
1) Stick to the principle of ‘free establishment of trade unions’ - Don’t abuse authority to require
submission of additional documents
2) Revision of related to laws to reflect the principle of ‘free establishment’ and the intent of a ‘notification’ system
Refusal of Union Recognition
Fire Fighting Development Conference
Denial of Trade Union Rights
• Korean law prohibits public employee’s responsible for safety, security and the protection of public order from forming and joining trade unions, collectively bargaining and striking
• 2006.5.7, Fighter fighters form informal organization to defend their interests and improve working conditions
• 2008.10.2, Launching Conference of the Fire Fighters and Ambulance Workers Network
• Press conference with PSI General Secretary Peter Waldorff
• Continuing to fight to win trade union rights
Unfair Dismissal of Public Sector Union Members
Korean Government Employees’ Union
137 KGEU Members Dismissed for Union
Activities • Jan. 2013, KGEU President Kim Jungnam Kim
and General Secretary Gwak Gyu-woon dismissed shortly after elections of Park Geun-hye
• Most members dismissed for participating in 1-day strike against enactment of the Public Officials’ Trade Union Act in 2004
• Many have been out of their positions for 8-10 years
• 20 members dismissed under Lee Myung-bak administration for statements of opposition against government policy
Dismissed KGEU Members
To-tal
Below 40
40 to 44
45 to 49
50 to 54
55 and above
137 2 23 51 45 15
Dismissed KGEU Members by Age
Dismissed KGEU Members by DivisionGangwon
Gyeonggi
S. Gyeogsan
Gwangju
Edu-cation
Nat’l As-
sem-bly
Deagyeong
Uni-versi-ties
Courts
Busan
15 19 5 5 3 1 7 2 3 3
Seoul Elec-tions
Ulsan In-cheon
S. Je-olla
N. Je-olla
Jeju Cen-tral
S.Chungcheo
ng
N. Chungcheo
ng
24 1 9 4 1 1 1 4 2 13
Unfair Dismissal of Public Sector Union Members
Korean Federation of Public Services and Transportation Workers’ Unions
165 KPTU Members Dismissed for Union
Activities• Regular Workers: Dismissal for strikes against privatization, defending quality public services - Eg: electric power companies, Daegu transit, Korea Institute of Science and Tech.• Designation of strike as illegal, use of ‘obstruction of business’ charges against union members - Eg: Korea Railroad Corporation, Korea Gas Corporation• Dismissal to break unions - For everyday union activities• Irregular Workers: Targeted cancellation of union member’s contracts for forming unions - Eg: Korea Sports Promotion Foundation, National Opera Choir, Jeju City Arts Organization
Dismissed KPTU Members by Workplace, Employment Form
Workplace No. Employ. form
Reason for Dis-missal
5 power generation companies 6 Regular Union activities
Korean Railroad Corporation 96 Regular Strikes, 2003, 2009
Korean Rural Economic Institute 1 Regular Union activities
Korean Inst. of Science and Tech-nology
1 Regular Union activities
Korean Advance Inst. Of Science and Tech.
2 Regular Union activities
National Health Insurance Service 12 Regular Disciplinary dismissal
National Pension Service 2 Regular Union activities
Busan Transport Corporation 1 Regular Union activities
Daegu Metro. Transit Corpora-tion
13 Regular Union activities
Dismissed KPTU Members by Workplace, Employment Form
Workplace No. Employ. form
Reason for Dismissal
Seoul Metro. Rapid Transit Corp.
4 Regular 2010 strike, other union activities
Korea Rail Network Author-ity
1 Regular Union activities
Korea Sports Promotion Foundation
7 Irregular/Direct
Cancellation of contract for union activities
National Opera Choir 6 Irregular/Direct
Cancellation of contract for union activities
Jeju Arts Organization 4 Irregular/Direct
Cancellation of contract for union activities
Seongnam City Arts Organi-zation
1 Irregular/Direct
Disciplinary dismissal
Incheon Airport Corporation 2 Irregular/Indirect
Refusal of succession of employment in relation to union activities
Seoul Metro. Rapid Transit Corp.
4 Regular 2010 strike, other union activities
Korea Rail Network Au-thority
1 Regular Union activities
Unfair Dismissal of Public Sector Union Members
Korean Health & Medical Workers’ Union
12 KHMU Members Dismissed for Union
Activities • 8 Members dismissed because of
compulsory arbitration system - Compulsory arbitration system led to
illegalization of strikes in public sector workplaces
• Was abolished Dec. 31 2007, yet workers have not been reinstated
• Long-term unemployment: 6 members unemployed for 10 years, 2 for 6 years
• Use of private specialists, union pluralism rules to union bust
Cases
1) Catholic Saint Mary’s Hospital• 2002, Strike in relation to CBA negotiations• Requirement for compulsory arbitration based
on ‘essential public business’ designation = illegal strike
• Results: - 15 arrest warrant (7 imprisoned) - 93 cases of disciplinary action - 23 dismissed - 5 charged without imprisonment - 5 members still not reinstated despite abolition of compulsory arbitration system
Cases2) Yeongnam University Medical Center • 2006, strike in relation to violations of CBA• Designated as illegal due to ‘insufficient bargaining’ • Results: - 5.6 billion won in claims for damages, 300 million in
provisional seizure of assets - 10 dismissed, 8 suspended, 10 wages, 2 workers
still not reinstated six years later 3) Iksan Hospital • 2010, Strike in relation to bad-faith collective
bargaining • 2010.9.15 CBA signed • 2011.3.16, 4 union officers dismissed, disciplinary
actions against 31• 2011.7 officers reinstated after unfair labor practice
ruling, but dismissed against in Nov.
Main Problems
1) A violation of human rights: Economic, social and psychological difficulties due to long-term unemployment
2) A violation of freedom of expression and political opinion: targeting of those who oppose government policy
3) Used as basis for further labor repression: reason for rejection of KGEU union establishment
4) Results from and contributes to further deterioration of public sector labor relations
Main Demands
1) Reinstatement of all unfairly dismissed public sector workers
2) Regularization of employment status of workers on short-term contracts, transition to direct employment
3) Complete pardon for and simultaneous reinstatement of all KGEU members
4) Enactment of “Special Act on the Reinstatement of Government Employees Dismissed or Disciplined in Relation to Union Activities”
Legal/Policy-level Restrictions on Trade Union Rights
Government Budget Guidelines for Public
Institutions• Wages and working conditions at public
institutions set through government’s ‘directive on drafting public institution budgets’, ‘directive on the execution of public institution budgets’
• Directives are set unilaterally with only formalistic ‘consultation’ with unions
• Matters which public institution unions can bargain on extremely limited
• No structure for bargaining directly with government
Advancement of Public Institution Labor Relations Policy
• Excessive government involvement in public institution labor relations
- Demand for revision of ‘irrational’ provisions in CBAs (union involvement in personnel and management decisions, ‘excessive’ protection for union activities, ‘excessive guarantee for working conditions)
• Inclusion of improvement on CBA irrationality in performance evaluations
• Example: Health Insurance Corporation - Demand for correction of ‘excessive union activities during work hours’, operation of vending machines, loose enforcement of ‘work hour exemption system’
Advancement of Labor Relations at Public Institutions Policy
Workplace Date of Cancella-tion
Date of Expi-ration of CBA
Special Circum-stances
Korea Railroad Corporation 2009.11.24 CBA concluded directly before expiration, 2010.5
5 electric power companies 2009.11.4 2010.5.4 CBA concluded 2011.3
Korea Labor Institute 2009.2.6 2009.8.6 CBA concluded 2010.5
Seoul Metro Rapid Transit Corp
2010.5.1 CBA concluded 2011.1
Seoul City Gov’t (4 offices) 2009.5.13 CBA concluded 2009.10
Korea Research Inst. For Voc. Ed. and Training
2009.6.25 2009.12.24 CBA concluded 2010.1
Korea Inst. For Health and Soc. Affairs
2009.12.30 CBA concluded 2010.2
Korea Women’s Develop-ment Institute
2009.11.5 CBA concluded 2010.5
Korea Gas Corporation 2009.11.11 CBA concluded 2010.4
National Pension Ser-vice
2010.3.15 2010.9.15 CBA conclude 2011.10
Advancement of Labor Relations at Public Institutions Policy
Workplace Date of Cancel-lation
Date of Expira-tion of CBA
Special Cir-cumstances
National Fusion Research Insti-tute
2011.2.22 2011.8.23
CBA no longer valid
Korea Polar Research Institute 2011.2.22 2011.8.23
Korea Research Inst. of Bio-science and Biotech.
2011.2.22 2011.8.23
Korea Inst. of Science and Tech. Info.
2011.2.22 2011.8.23
Korea Inst. of Oriental Medicine 2011.2.22 2011.8.23
Korea Aerospace Research Insti-tute
2011.2.22 2011.8.23
Korea Ocean Research and De-velopment Inst.
2011.2.22 2011.8.23
Gwangju Inst. Of Science and Technology
2011.2.22 2011.8.23
Daegu Gyeongbuk Inst. of Sci-ence and Tech.,
2011.2.22 2011.4.30
Korea Inst. of S & T Evaluation and Planning
2010.10.29 2010.5.4
Science and Technology Policy Institute
2009.11.3 2010.6.5
Korea Institute of Construc-tion Technology
2009.12.3
Special Act on Public Officials’ Labor Unions
• Denies association rights to 270 thousand out of 560 thousand government employees based
- workers in supervisory positions - rank 5 and higher - fire fighters, police, etc.• Excessive limitation of collective
bargaining rights • Inadequate protection from unfair labor
practices• Denies right to strike
Main Demands
1) Revision of Trade Union and Labor Relations Adjustment Act (general labor movement demands)
2) Establish system for collective bargaining between public sector unions and government
3) Commit to collective bargaining on budgetary guidelines, other relevant government directives
4) Stop intervention in labor relations through advancement of labor relations policy, performance evaluation, etc.
Main Demands
5) Restore CBAs affected by ‘advancement of labor relations’ policy and stop government intervention
6) Renewal of bargaining and conclusion of CBAs at institutions where CBAs have been cancelled
7) Legal limitation of unilateral cancellation of CBAs
8) Abolition of Special Law on Public Officials’ Labor Unions
9) Ratification of ILO Convention 151 and core conventions
Our Struggle
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