Korea Employers Federation Conveys Business Sector Opinions on Amendments to Articles 2 and 3 of the Labor Union Act to the National Assembly

"Article 2 of the Labor Union Act Allows Formation of Professional and Self-Employed Workers' Unions"

[Asia Economy Reporter Kiho Sung] The Korea Employers Federation (KEF) announced on the 14th that it has submitted its "Opinions of the Business Community on the Amendments to Articles 2 and 3 of the Labor Union Act" to the National Assembly regarding the 11 proposed amendments to the Labor Union and Labor Relations Adjustment Act (hereinafter referred to as the Labor Union Act) currently submitted to the National Assembly.

KEF expressed concerns, stating, "If the concept of 'worker' is expanded, the scope of workers and the scope of employers as counterparts in collective bargaining will become ambiguous, disrupting the order of labor-management relations. Self-employed individuals and others would also become protected under the Labor Union Act, which could ultimately allow collusive behavior, leading to confusion in the economic order."

In particular, KEF pointed out that if the concept of worker is expanded as in the proposed amendments, ▲ professionals and self-employed individuals could indiscriminately form labor unions and demand collective bargaining from client companies, ▲ collusive acts by self-employed individuals would be protected as collective actions under the Labor Union Act, seriously disturbing market order. Additionally, ▲ due to the nature of labor providers who provide labor to various employers, it would be difficult to identify the counterparties in transactions, making the subject of collective bargaining ambiguous, and the scope of punishable acts under the Labor Union Act could be significantly expanded.

KEF criticized that "expanding the scope of employers to include 'de facto influence or control' is problematic because the criteria for determining employer status would be neither objective nor predictable, violating the principle of legal clarity and undermining legal stability."

KEF also pointed out that the issue of expanding the concept of labor disputes is even more serious. KEF stated, "Disputes over 'rights issues' that require judicial determination would fall within the scope of strikes enforced by union power, and matters that are the exclusive management rights of the employer, such as investment or hiring decisions, could become issues requiring agreement with the union. Ultimately, the likelihood of explosive increases in labor disputes is very high."

Regarding the prohibition and limitation of employers' claims for damages, KEF Senior Vice Chairman Donggeun Lee clearly opposed, saying, "Restricting employers' right to claim damages even when losses occur due to illegal acts by labor unions is a serious infringement on constitutionally guaranteed fundamental rights such as property rights, equality rights, and the right to sue, and would lead to the collapse of the market economic order."

Meanwhile, the 11 proposed amendments to Articles 2 and 3 of the Labor Union Act, on which KEF submitted its opinions, are scheduled to be discussed in the National Assembly starting with a public hearing on the 17th.

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