KCCI "Ratification of ILO Core Conventions Should Also Raise Employers' Countervailing Rights to National Level"

[Asia Economy Reporter Kiho Sung] As the government pushes to amend the Labor Union Act to ratify the International Labour Organization (ILO) core conventions, claims have emerged that the employer’s counter-rights should be aligned to levels similar to those in countries that have ratified the conventions. There are concerns that if the Labor Union Act is amended as currently pending in the National Assembly, the balance of power will tilt even more toward labor unions.

The Korea Employers Federation (KEF) held a forum on June 2 titled “Ratification of Core Conventions and Directions for Labor Union Act Amendments.” In his opening remarks, KEF Senior Vice Chairman Yonggeun Kim stated, “The proposed amendments to the Labor Union Act, justified by the ratification of the ILO core conventions, only serve to significantly strengthen the power of labor unions compared to the current law.” He added, “The reason why our country’s labor-management relations competitiveness ranks among the lowest globally is due to the excessive power of labor unions. If the right to unionize is to be further strengthened for ratification of the core conventions, then the employer’s counter-rights must also be aligned to levels similar to those in ratifying countries.”

In reality, unlike Europe where industrial unions predominate, South Korea’s enterprise unions make strikes easier compared to European countries, and workplace occupations?which are rarely seen in Europe?occur frequently. Cases where replacement labor is completely banned during strikes are also rare in advanced countries. Unfair labor practices do not exist in European countries. Notably, South Korea is the only country in the world where only employers face criminal penalties for unfair labor practices.

Accordingly, Vice Chairman Kim emphasized that alongside ratification of the core conventions, it is necessary to prohibit workplace occupations by unions, allow replacement labor, remove criminal penalties for unfair labor practices, and establish regulations on unfair labor practices by unions to align with global standards.

Professor Dalhyu Lee argued that if unemployed or dismissed workers are allowed to join enterprise unions, the scope of replacement labor during strikes should be expanded accordingly.

Professor Dalhyu Lee of Kyungpook National University Law School stated, “Currently, those permitted to perform replacement labor are limited to individuals related to the business in question, i.e., those within the scope of union membership. Those outside the scope of union membership cannot be deployed as replacement workers.” He added, “Since enterprise unions limit membership qualifications to employees of the company, the possibility of replacement labor should be judged based on the company unit. However, if unemployed or dismissed workers are allowed to join enterprise unions, it is logical that replacement labor should also be more broadly permitted accordingly.”

He further noted, “In foreign countries such as the United States, Germany, Japan, the United Kingdom, and France, while some restrict dispatching during industrial actions, most do not prohibit replacement labor and generally allow it broadly. Therefore, replacement labor during strikes should also be permitted in South Korea.”

Professor Kangsik Kim of Korea Aerospace University’s Department of Business Administration pointed out that allowing employers to pay salaries to union full-time officials conflicts with Article 98, Paragraph 2 of the ILO Convention and reverses previous efforts to advance labor-management relations. He stated that the ILO Committee on Freedom of Association’s recommendations lack clear basis in the ILO core conventions and reflect insufficient understanding of the characteristics of South Korea’s labor-management relations.

He also warned that “deleting the provisions banning salary payments to full-time union officials and the related penalties, as proposed by the government’s amendment, would reverse the efforts and progress made toward advancing labor-management relations.”

The subsequent forum was chaired by Professor Jeong of Hankuk University of Foreign Studies, with participants including Professor Taegi Kim of Dankook University, Professor Heeseong Kim of Kangwon National University, Professor Heungjun Jeong of Seoul National University of Science and Technology, and Attorney Younggil Cho as discussants.

This content was produced with the assistance of AI translation services.