This Year's Work Losses Total 110,000 Days... Voices of Strong Labor Unions Grow Louder

Revised Labor Union Act Takes Effect Today, Allowing Dismissed Workers to Join
Concerns Over Reckless Strikes and Deteriorating Labor-Management Relations
Conflicts Expected to Increase Even in Small-Scale Workplaces

[Asia Economy Reporter Choi Dae-yeol] With the amended Labor Union Act, which allows unemployed and dismissed workers to join company-level labor unions, taking effect on the 6th, movements for dismissed workers to join company unions are also gaining momentum. Companies are concerned that the path for dismissed workers, whose dismissal reasons or procedures were lawful, to resume company union activities could lead to unrestrained industrial actions and unproductive labor-management relations spreading throughout society.

According to the Central Labor Relations Commission, among the 4,092 adjudication cases related to unfair dismissal processed up to April this year, 780 cases were dismissed. Additionally, 215 cases were rejected for failing to meet the requirements for reconsideration. It is expected that a significant number of those who received rulings that their dismissal was lawful will rejoin company unions.

Claims of unfair dismissal have shown a clear increasing trend recently. In 2018, out of 10,939 unfair dismissal adjudications handled by the Central Labor Relations Commission, 1,629 were dismissed; the following year, 2,142 out of 13,119 cases were dismissed. Last year, 2,402 out of 13,507 cases were dismissed. Including the 700 to 800 cases dismissed annually for procedural reasons, this means that over 3,000 people each year claim unfair dismissal but are not accepted.

From the management perspective, with dismissed workers now able to participate in company-level union activities, there is concern that those lawfully dismissed after proper procedures may interfere in labor-management relations and that harmful actions toward the company may become more extreme. Given that even in industrial unions, where dismissed workers were allowed to join, many workplaces experienced severe labor-management confrontations over reinstatement issues, it is said that conflicts over the status of dismissed workers are now more likely to spread even in relatively smaller workplaces.

An industry insider said, "Typically, cases of dismissal involve individuals disciplined for personal misconduct related to money or assault?criminal acts that socially isolate them." He added, "Although measures have been put in place to prevent them from making important decisions within the union, concerns about antisocial behavior remain."

Meanwhile, the amended Labor Union Act, effective from this day, strengthens workers' rights to organize in accordance with the International Labour Organization (ILO) core conventions Nos. 29, 87, and 98. The key point is that unemployed and dismissed workers, who could previously only join industrial unions under existing laws, can now join company-level unions as well. However, unemployed and dismissed workers cannot serve as union executive officers.

Company union executives must be elected from among active union members. Non-active members may engage in union activities to the extent that it does not interfere with the employer’s efficient business operations. While the management sector had requested that potentially contentious issues, such as procedures for dismissed union members entering the workplace, be clarified through enforcement ordinances and regulations, the government has decided to leave these matters to be determined through labor-management agreements.

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