[Chamtrue?] No Country Excuses Illegal Strikes by Labor Unions?

Kim Moon-soo, Chairman of the Economic and Social Council, "Interfering with Ownership is Communism"
Even Advanced Labor Countries Hold Illegal Strikes Accountable... But Recognize a Wider Range of Strikes

Kim Moon-soo, Chairman of the Economic, Social and Labor Council, attended the National Assembly's audit on the Economic, Social and Labor Council held on the 12th and is drinking water before the audit begins. Photo by Yoon Dong-joo doso7@

"It seems to be about dismantling the Civil Code."

On the 12th, during the National Assembly Environment and Labor Committee's audit, Kim Moon-soo, Chairman of the Economic, Social and Labor Council (ESLC), opposed the Yellow Envelope Act (Partial Amendment to the Labor Union and Labor Relations Adjustment Act) and made this statement. When Kim Hyeong-dong, a member of the People Power Party, asked, "Is there any country where the government exempts criminal and civil liability for illegal strikes?" Chairman Kim replied, "No," adding, "While the labor rights of unions are rights guaranteed by the Constitution and should be respected, property rights are also rights guaranteed by the Constitution." The day before, Chairman Kim also visited the Korea Employers Federation (KEF) and said regarding the Yellow Envelope Act, "Interfering with ownership is communism."

The Yellow Envelope Act was proposed in the National Assembly to prevent companies from indiscriminately claiming damages against unions for their industrial actions. Unless there is direct violence or destruction of facilities, it essentially denies companies the opportunity to file damage claims against unions. Chairman Kim, along with the ruling party and employer organizations, have argued that even in foreign countries favorable to unions, damages can be claimed for illegal strikes, and this act blocks that. In summary, it is "half right and half wrong."

Britain is a representative country that explicitly states criminal and civil liability for illegal strikes in law. According to Article 240 of the UK's Trade Union and Labor Relations Act, if an illegal strike is conducted with anticipated threats to life, injury, or property damage, the offender can face imprisonment or fines within three months. Additionally, civil liabilities such as economic torts, trespassing, and invasion of privacy are applied.

Other European countries like Germany and France do not have laws preventing damage claims against unions. Conversely, this means that if a strike goes beyond being lawful, damage claims can be filed. Germany and France also allow replacement labor excluding dispatched workers during strikes, thereby protecting employers' property rights to some extent.

The United States does not have specific laws regarding damages for illegal strikes but imposes penalties through case law. In 2005, a New York City court ordered subway and bus unions conducting illegal strikes to pay fines of $1 million (approximately 1.4334 billion KRW) per day until the strike ended.

Foreign countries also impose penalties for illegal strikes... but the scope of lawful strikes is broader

The reason it can be seen as "half wrong" is that the scope of illegal strikes varies by country. In South Korea, strikes opposing management actions or policies such as layoffs or labor flexibility are deemed illegal. In France, such strikes are allowed freely. In 2018, when French President Emmanuel Macron pushed labor reforms including easier dismissals, the railway unions staged large-scale strikes. France does not consider strikes by subcontracted and sub-subcontracted workers against the primary contractor illegal. In South Korea, if the Yellow Envelope Act passes as originally proposed, subcontracted workers will also be able to engage in industrial actions against the primary contractor.

Germany does not block damage claims but only considers strikes illegal if they violate principles such as ▲disciplinary purpose ▲conducted by unions ▲proportionality. German employers rarely file lawsuits against unions or workers because there is little benefit, and the country is known for few such cases. Unions also avoid radical or prolonged industrial actions.

Professor Lee Joo-hee of Ewha Womans University’s Department of Sociology said, "Compared to other countries, South Korea has a narrow scope defining lawful strikes," adding, "Labor law is separately established to protect workers' rights rather than relying on the Civil Code, so applying separate Civil Code logic is inappropriate."

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