Forced Abolition of the Law Notifying Non-Union Status After 34 Years

Resolution at Cabinet Meeting on 22nd... Administrative Discipline System Except for Correction Requests Disappears
Business Community "Government Should Quickly Establish Guidelines for Union Activities at Workplaces"
Government "No Plan to Prepare Guidelines to Avoid Unnecessary Conflicts"

[Sejong=Asia Economy Reporter Moon Chaeseok] Going forward, the government will no longer be able to issue a 'Not a Union (Illegal Union)' notification to labor unions that have disqualifying reasons under the Labor Union Act. 'Non-working members' such as unemployed and dismissed workers will also be allowed to join enterprise-level unions. In cases where labor disputes become severe and intense union activities occur, the administrative power to control them will effectively disappear.

On the 22nd, the government reviewed and approved partial amendments to the enforcement decrees of three laws?the Labor Union Act, the Public Officials Union Act, and the Teachers Union Act?at the Cabinet meeting, which include the abolition of the illegal union notification regulation. The revised labor relations laws, amended last December to ratify the core conventions of the International Labour Organization (ILO), commonly referred to as the 'right to organize,' will take effect on the 6th of next month. The government approved matters delegated to enforcement decrees by law.

The key point is that even unions disqualified under the Labor Union Act will be difficult for the government to regulate by designating them as illegal unions. This is because the illegal union notification system, established in 1988, will be abolished after 34 years. Although the Ministry of Employment and Labor retains the wording that it can request corrections from disqualified unions within 30 days, its effectiveness is low. A government official explained, "Since the government finds it difficult to enforce follow-up measures after requesting corrections, administrative regulatory means will effectively disappear." Disqualified unions under the Labor Union Act refer to unions that include management personnel or non-workers as members, or unions primarily aimed at political activities.

The business community is concerned that activities by disqualified unions and non-working members will increase. They argue that at least an official government guideline is necessary to prevent non-working members from entering essential production facilities, safety maintenance facilities, executive offices, etc., within the workplace and to require prior approval from management before entry. If it is difficult to include this in the enforcement decree, they urge that it be included in official notices. According to regulations, non-working members may engage in union activities within the workplace "to the extent that it does not interfere with the efficient operation of the employer's business."

Choo Kwang-ho, Director of Economic Policy at the Korea Economic Research Institute, said, "Without specific and objective standards for the 'extent that does not interfere with efficient business operations,' interpretations between labor and management will inevitably differ, causing confusion." He added, "I hope the government makes every effort to minimize confusion that may arise during the implementation of the amended Labor Union Act, such as by presenting realistic guidelines on the scope of union activities by non-working members within the workplace."

In response, a government official dismissed the idea, saying, "If the government issues guidelines, it could cause unnecessary noise (conflict), so there are no plans to issue guidelines on union activities within the workplace."

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