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