7 out of 10 People Say the Yellow Envelope Act Is Unfair

KCCI Surveys 1,023 Citizens
"Current Labor Union Law 'Sufficiently Guarantees' Right to Strike"

Opinion on Restrictions of Compensation Claims for Illegal Strikes

[Asia Economy Reporter Choi Seoyoon] It has been revealed that 7 out of 10 citizens have a negative perception of the amendment to the Labor Union Act (commonly known as the Yellow Envelope Act) that restricts claims for damages and provisional seizure related to illegal strikes.

This is the result of a survey on public awareness of the Yellow Envelope Act legislation conducted by the Korea Chamber of Commerce and Industry targeting 1,023 citizens, announced on the 24th. 51.8% of respondents said it was 'unfair,' and 19.5% said it was 'very unfair.'

The reasons given for considering it 'unfair' included 'violation of property rights and aiding illegal acts cause indiscriminate destructive behavior,' 'damages caused by violation of the legal system are passed on to the public,' 'a bad law for one-sided rights,' and 'indiscriminate illegal acts will occur.'

Reasons for considering it 'reasonable' included 'protection of basic survival rights of union members,' 'concerns that low-wage workers may suffer from astronomical compensation lawsuits,' and 'strikes due to poor working conditions.'

The Yellow Envelope Act originated in 2014 when a civic group sent donations in yellow envelopes to support the union held responsible for damages due to the illegal strike at Ssangyong Motor. Some call it the 'Illegal Strike Promotion Act,' arguing that it encourages strike absolutism and illegal strikes in labor-management relations.

Recently, an amendment to the Labor Union and Labor Relations Adjustment Act, which restricts companies' claims for damages and provisional seizure against illegal strikes by labor unions, was proposed in the National Assembly. The opposition party selected this amendment as a key legislative task for the current regular session, sparking controversy.

A representative from the Korea Chamber of Commerce and Industry stated, “Granting special privileges that limit companies' claims for damages against illegal strikes by unions violates constitutional property rights and equality rights, and there are no comparable overseas legislative examples. In France, a law similar to the Yellow Envelope Act existed in 1982, but the Constitutional Council ruled it unconstitutional due to equality rights and other reasons, so it was never implemented,” emphasizing this point.

69% of Citizens Think Current Labor Union Law ‘Sufficiently Guarantees’ Union Strike Rights

Guarantee of the right to collective action under the current Labor Union Act.

The majority of citizens believe that the current labor union law sufficiently guarantees the collective action rights of labor unions. In a survey asking how the current union law provisions?such as civil and criminal immunity for legitimate strikes and prohibition of replacement labor during strikes?guarantee union collective actions, 69.1% of respondents answered 'sufficient.' Only 30.9% responded 'insufficient.'

Under current law, a labor union can decide to strike anytime after a breakdown in negotiations and a member vote, and employer interference in decision-making is blocked as an unfair labor practice. Additionally, once a strike begins, replacement workers cannot be deployed for the work stopped by the strike, occupation of workplaces other than production facilities is allowed, and legitimate strikes are protected by civil and criminal immunity provisions.

Public Perception of Labor-Management Relations Shows More Negative than Positive Image

The public image of labor-management relations is more negative than positive. When asked about associations with labor-management relations, the top 10 keywords among respondents were 'struggle/confrontation' (55.6%), followed by 'wage increase' (54.7%), 'union suppression' (45.8%), 'aristocratic union' (44.5%), 'workplace occupation' (39.4%), 'rights protection' (36.7%), 'violent' (35.1%), 'inconvenience to citizens' (30.4%), 'mob rule/making demands' (29.7%), and 'vested interests' (28.3%).

Furthermore, citizens believe that laws and principles are not being observed in labor-management relations. When asked whether laws and principles are well observed in labor-management relations, 79.7% answered 'no,' while only 20.3% said 'yes.'

Regarding whether the government and National Assembly are fulfilling their roles to uphold laws and principles, 86.1% of citizens responded negatively ('somewhat insufficient' 65.1%, 'not at all' 21.0%). Only 1.4% answered that they are 'fulfilling their roles sufficiently.'

Kang Seokgu, head of the Korea Chamber of Commerce and Industry’s survey division, said, “The negative public perception of labor-management relations is due to ongoing illegal collective actions this year, such as the parcel delivery union’s headquarters occupation and property damage, and the Cargo Solidarity’s road blockades and logistics disruptions under a structure of confrontation and conflict between labor and management.” He emphasized, “Establishing laws and principles to eradicate illegal acts in labor sites is urgently needed, and the Yellow Envelope Act, which could encourage illegal acts, should be considered only afterward.”

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