What are new amendments to POCSO Act
On June 21, 2019, police arrested Kim Myeong-hwan, chairman of the Korean Confederation of Trade Unions (KCTU), after a court in Seoul issued an arrest warrant on alleged risk of flight. In the three months before, rallies in front of the National Assembly against a controversial draft law to dangerously extend working hours had led to clashes between him and other KCTU representatives and the police. Kim has fully cooperated with the police in their investigation during his detention.
According to the Organization for Economic Cooperation and Development (OECD), the average South Korean worker works 2,014 hours per year, compared to 1,356 hours in Germany. In 2015, a tripartite commission set up by then President Park Geun-hye decided to introduce new provisions to gradually reduce annual working hours to 1,800 by 2020. The KCTU did not take part in the original negotiations, but was against the inclusion of the concept of “working time flexibility”, as this could enable a considerable increase in working time for certain groups of employees.
A new tripartite commission set up by President Moon Jae-in's government later approved a bill that still included the concept of "flexibility". Although this introduced a new system for reducing working hours, it also retained the proposal to increase working hours for certain activities to 64 hours per week for up to six months without paying overtime.
The KCTU strongly opposed the bill and held rallies in front of the National Assembly in March and April while the hearings on the bill took place inside. There were several clashes with the police, which eventually led to the arrest of Kim Myeong-hwan.
Kim was released on June 27 on bail of 100 million won (US $ 86,421) after a court ruled that his release did not pose a "risk of destruction of evidence."
Even three years after taking office, President Moon Jae-in's government has formed the ILO International Labor Organization, a tripartite United Nations (UN) organization established in 1919 to promote working and living conditions. It is the most important international organization for the formulation and monitoring of international labor standards.
See tripartism, ITUC Guide to International Trade Union Rights Conventions 87 and 98 on Freedom of Association Freedom of Association The right to form and join unions of their own choosing and the right of trade unions to work freely and carry out their activities without undue interference.
See ITUC Guide to international trade union rights, the right to organize and collective bargaining, still not ratified, although it had promised to do so. In addition, it looked as if the rights of atypical employees, i.e. employees in the informal economy, platform companies, self-employed, freelancers, precarious and temporary employees, would soon be further restricted.
On April 13, 2019, more than 20,000 workers took part in a rally organized by the Korean Confederation of Trade Unions (KCTU) to encourage the government to ratify the core conventions of the ILO International Labor Organization, a tripartite United Nations (UN) organization that Was launched in 1919 to promote working and living conditions. It is the most important international organization for the formulation and monitoring of international labor standards.
See tripartism, ITUC Guide to international trade union rights, including Conventions 87 and 98, to call for the amendment of the Trade Union Act and guaranteed basic labor rights for atypical workers.
Concern was raised not only from exemptions of workers in atypical employment from basic safeguards, but also from persistent serious violations of the right to strike in both the private and public sectors and blatant government interference with the criteria for union membership and elected office. The Korean Employers 'AssociationEmployers' AssociationAn association of employers for the collective protection and representation of their interests; can bargain collectively with trade unions or trade union organizations. has made its approval of ratification of the Conventions conditional on further restrictions and reiterated its longstanding argument that the adoption of Conventions 87 and 98 gave unions excessive powers. The government appeared ready to accept the employers' proposals.
Since the situation did not improve, the Federation of Korean Trade Unions (FKTU) organized a mass rally in front of the National Assembly on November 16 to secure basic labor rights and prevent regressive amendments to labor laws. An estimated 30,000 FKTU members attended the rally and, like the KCTU, called for ratification of the ILO International Labor Organization, a tripartite United Nations (UN) organization established in 1919 to promote working and living conditions. It is the most important international organization for the formulation and monitoring of international labor standards.
See tripartism, ITUC Guide to International Trade Union Rights Core Conventions, guaranteed basic labor rights through the revision of the Trade Union and Labor Relations Adaptation Act, the unrestricted implementation of a 52-hour week, no discrimination against atypical workers, no negative changes to the minimum wage system, the expansion of the regular Wage system, pension reforms, etc.
In September 2018, a member of the National Assembly, Chu Hye-seon of the smaller opposition party “Justice”, published internal company documents showing attempts by the steel company POSCO to get rid of its workers.
POSCO has not had a union since it was founded in 1968, but on September 16, 2018, a union was established under the auspices of the Korean Metal Workers' Union, a member of the Korean Confederation of Trade Unions (KCTU) founded.
The workers accused the POSCO management of wanting to get rid of the union through unfair practices in the first week of its existence. One of the published documents, which appears to have been written for managers in the field, paints a negative image of the union and stresses that it is a "contentious" organization that will destroy the company. The other document was used to create negative public opinion about the union among the workforce. Management meeting papers suggest “selecting a department for a test run”.
Anti-union pressure continued, and in October the KMWU filed a complaint with the Seoul Public Prosecutor's Office against 29 POSCO managers, including CEO Choi Jeong-woo, in which the union told management “unfair labor practices before and after the establishment of the KMWU”. Union at POSCO ”.
The KMWU and two members of the National Assembly, Song Ok-joo of the ruling Democratic Party and Lee Jeong-mi of the Justice Party, held a press conference on October 23, calling on POSCO to endorse the company union, which can be either a company union or a yellow union meant to end the undermining of the KMWU union. They have also asked the Ministry of Labor to conduct an investigation.
However, POSCO's anti-union activities continued with the sacking of three local union officials, including union chairman Han Dae-jeong, in December. It was said that they allegedly used force to obtain the documentation showing the company's anti-union strategy, which they deny.
On September 27, 2018, the Korean Supreme Court upheld a previous court ruling alleging that Bosch and its former CEO Lee Man-haeng, 59, and other company officials had violated the Union and Labor Relations Act, including through interference and discrimination. The court was due to rule on an appeal against a previous conviction, six years after the original complaint was filed by the Korean Metal Workers' Union (KMWU).
Bosch had enlisted the services of Creative Consulting, a consulting firm known for its anti-union tactics. Their strategy was to create company-controlled unions in place of the existing industrial unions. Bosch employees had been represented by a local KMWU association since 1987. After the introduction of the multi-union system in 2011, Bosch signed a contract with Creative Consulting.
In February 2012, a new company union, which can mean either a company union or a yellow union, was founded at Bosch. Within ten days, 210 members of the KMWU union had left and joined the new organization. On the next payday, the 7thMarch, Bosch transferred all membership fees deducted from the wages of the members to the new union, although the establishment process was not yet completed. After signing a collective agreement with the new union in 2013 that included the payment of 4.2 million won (US $ 3,780) each as an incentive, Bosch signed the KMWU union with a different collective agreement, a usually written agreement that included the results of Collective - / contains collective bargaining between employee and employer representatives.
See collective bargaining presented which contained less favorable terms.
In the first and second trials, the courts ruled that such action constituted “inadequate control and interference with the intention of influencing union organizing efforts and activities”.
Lee and the company were fined five million won (US $ 4,500), with additional fines of three million won (US $ 2,700) each for the director of human resources / union affairs and vice president, 58-year-old Son and Mr. 57-year-old Shin.
In February 2018, the Seoul Prosecutor's Office raided Samsung and confiscated an external hard drive containing thousands of documents. Bribery allegations were initially investigated against Samsung, but when it emerged that the documents on the hard drive contained information about anti-union policies, prosecutors decided to conduct a full investigation. Samsung had previously denied allegations of union hostility going back to 2013 and successfully avoided an investigation.
Despite the investigation, Samsung maintained its negative attitudes towards negotiations and union members. The company has ignored calls for the reinstatement of trade unionists arbitrarily dismissed in 2014 and refused to negotiate with unions. For example, as the Samsung Welstory union talks about wages and a collective bargaining agreement, a usually written agreement that contains the results of collective bargaining between employee and employer representatives.
See proposed collective bargaining, Samsung left the negotiations to the Korean employers 'associationEmployers' associationA grouping of employers for the collective protection and representation of their interests; can bargain collectively with trade unions or trade union organizations. KEF. By May 2018, these talks had not progressed even after 19 rounds of negotiations. Unions have reported similar problems at other Samsung offices.
The police were also involved. On June 27, 2018, prosecutors searched Korean police intelligence services after a bribed officer allegedly reported to Samsung about union activity among his workforce.
As of September 2018, prosecutors had indicted 16 current and former executives and employees of the Samsung Group for its anti-union practices, labeled "organized crime". On September 27, prosecutors in Seoul announced that they had also brought charges against Lee Sang-hoon, chairman of the board of directors of Samsung, for sabotaging a newly formed union in Samsung's customer service department in 2013 when he was chief financial officer.
Lee Chae-pil, who served as Minister of Labor from 2011 to 2013, was accused in July 2018 of involvement in the State Intelligence Service's plans to establish a third confederation in 2011 to defend the traditional - and very active - Korean union confederation Confederation of Trade Unions (KCTU) and Federation of Korean Trade Unions (FKTU) to compete.
Prosecutors have filed a warrant for Lee's arrest for misappropriating government funds after investigations reveal that he provided government intelligence funds to the new “union”. Her application was denied on July 4th by the Seoul District Court on the grounds that there was no "sufficient explanation" as to why it was a criminal offense.
Prosecutors found this argument difficult to follow as it had been proven that former Minister Lee was actively involved in the early stages of the Intelligence’s anti-union plans, soliciting the Intelligence’s funding, and illegally raising funds Younger employees paid Lee's to support the new union.
On May 31, 2017, the South Korean Supreme Court upheld a three-year prison sentence for Han Sang-gyun, president of the Korean Confederation of Trade Unions (KCTU). The charges brought against him related to the organization of a series of unlawful rallies in late 2015, as well as damage to property and people. He has been in prison since December 2016.
Violent clashes had broken out at some of the rallies to protest against the controversial labor and education policies of then President Park Geun-hye. The court of first instance sentenced him to five years in prison for allegedly doing nothing to prevent clashes between the demonstrators and the police. Following an appeal, the sentence was reduced from five years to three years, with the court finding that the police had reacted excessively harshly.
There had been hopes that the new President Moon Jae-elected in May 2017 after the impeachment of President Park Geun-hye in the recommendations of the UN Working Group on Arbitrary Detention and the ILO International Labor Organization, a tripartite United Nations (UN) organization, which was launched in 1919 to promote working and living conditions. It is the most important international organization for the formulation and monitoring of international labor standards.
See tripartism, ITUC Guide to International Trade Union Rights Committee on Freedom of Association Freedom of Association The right to form and join unions of their own choosing and the right of unions to work freely and carry out their activities without undue interference.
See Follow the ITUC Guide to International Trade Union Rights and release Han from prison or withdraw the unjustified allegations against union leaders who participated in the 2015 mass rallies. Unfortunately, however, Han was not among those pardoned by the Korean president last December, and he was still in jail in early February 2018.
Lee Young-joo, the former general secretary of the Korean Confederation of Trade Unions (KCTU), was arrested on December 27, 2017 while leaving the headquarters of the ruling Democratic Party, where she went on hunger strike to protest the labor law changes for ten days. She was taken to a hospital where the police questioned her. On December 30th, at the request of the prosecutor, an arrest warrant was issued for her and she was transferred to the Seoul Detention Center.
Lee had previously stayed in the KCTU office for two years, following an arrest warrant against the former government of President Park Geun-hye for her activities as the organization's secretary general and, above all, for her role in the November 14, 2015 mass rally against repressive labor law reforms it had been issued.
Han Sang-gyun, president of the KCTU, is being held in the same detention center on virtually identical charges related to organizing the rally.
In early February 2018, both Lee and Han were still in prison.
In 2015 and 2016, 56 leading representatives of the KCTU (Korean Confederation of Trade Unions) were found guilty of disturbing public order or obstructing traffic because of their role in rallies and industrial disputes. Twenty-four of them received suspended sentences while the others were sentenced to between ten months and three years in prison, including KCTU President Han Sang-gyun.
In June 2017, the ILO launched International Labor Organization, a tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. It is the most important international organization for the formulation and monitoring of international labor standards.
See tripartism, ITUC Guide to International Trade Union Rights Committee on Freedom of Association Freedom of Association The right to form and join unions of their own choosing and the right of unions to work freely and carry out their activities without undue interference.
See ITUC Guide to International Trade Union Rights officially take the position that South Korea violates the principles of freedom of association, freedom of association, the right to form and join unions of its own choosing, and the right of unions to work freely and to carry out their activities without undue interference .
See the ITUC Guide to international trade union rights as the result of the law denying the dismissed workers in education and civil service the right to trade union membership is denying them the right to voluntarily join organizations.This constitutes a violation of the principle of freedom of association, the right to form and join unions of their own choosing, and the right of unions to work freely and to carry out their activities without undue interference.
See ITUC Guide to International Trade Union Rights. As the judiciary and government of the KTU teachers 'union and the KGEU state employees' union would deny their legal status as long as these legal provisions were in force, the government was urged again to repeal these provisions.
This position was reiterated in September when the ILO International Labor Organization, a tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. It is the most important international organization for the formulation and monitoring of international labor standards.
See tripartism, ITUC Guide to International Trade Union Rights Director General Guy Ryder urged the authorities of the country during a visit to South Korea to deal “swiftly” with the legal status of the banned South Korean trade unions for teachers and civil servants.
The Korean government banned the KTU in 2013 because the union had not accepted the government's ban on accepting dismissed teachers as members.
On January 26, 2017, the Daegu District Attorney's Office ordered the arrest of Jwa Choel-seok, chairman of the Pohang branch of the KPCWU (Korean Plant Construction Workers' Union), Yu Yeong, the local branch vice chairman, and Hwang Bong-u, its general secretary, arranged.
The charges related to conflicts during the wage and collective bargaining rounds in 2016 (late July to early August) and related, among other things, to traffic obstruction, business obstruction and violations of the Assembly and Demonstration Act. They appeared to be part of a series of anti-union attacks on construction workers 'unions, as similar allegations had been made against the KCWU (Korean Construction Workers' Union).
On July 4, 2016, a Seoul District Court sentenced Han Sang-gyun, President of the Korean Confederation of Trade Unions (KCTU), to five years in prison. The charges brought against him by the public prosecutor on January 5, 2016 included "obstruction of public duties", "destruction of public goods", "obstruction to traffic" and "organizing a meeting in a forbidden place". The indictment listed activities organized by the KCTU, such as the rally to commemorate the sinking of the Sewol ferry on April 16, 2014, a demonstration on May 1, pension reform protests on May 6 and 28, 2015, and protests against labor law reforms and the Mass rally on November 14, 2015. The public prosecutor's office had demanded an eight-year prison sentence for Hans' managerial function at the KCTU.
In particular, the rally on November 14, 2015 in protest against the planned labor law reforms by President Park Geun-hye had made him a target of the government. Tens of thousands of people took part in the rally, which the authorities cracked down on. Around 20,000 police officers were mobilized using tear gas and water cannons. One protester was killed after being hit at close range by a water cannon. Dozens were injured, some seriously, and 585 KCTU leaders and members, 20 of whom were detained, have been prosecuted. KCTU General Secretary Lee Young-joo placed himself under house arrest at KCTU headquarters after an arrest warrant was issued against him in December 2015.
Following an appeal, Hans' sentence was reduced from five years to three years on December 12, 2016, and a fine of 500,000 won (US $ 430) was imposed. The court dismissed the charges related to the May Day rally.
The state-owned railway company Korea Railroad Corporation (Korail) announced in October 2016 that it would sue 19 union leaders for organizing a strike. In addition, the company has suspended 218 strikers and taken first steps to punish those who initiated the action. The hiring of 500 additional employees was also announced.
The most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
cf.General strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, slow-down strike on the railways and the subway began on September 27, 2016 in protest against the planned introduction of a performance-related salary system. This system was central to President Park Geun-hye's policy of increasing "flexibility" in the labor market, which was supposed to create more jobs. The unions have spoken out against this system, warning that it could facilitate layoffs and worsen working conditions.
According to the Ministry of Labor, around 23,500 members of the Korean Public Service and Transportation Union (KPTU) and ten state-owned companies are said to be participating in the strike, the most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, go-slow strike, including 6,500 Korail employees, 1,760 employees of the Seoul subway, 710 employees of the Seoul Metropolitan Rapid Transit Corporation (SMRT) and around 1,200 employees of Busan Transportation Corporation (BTC). The BTC suspended 841 workers on the second day of the strike because they had not complied with the request to return to their jobs. On October 20, Korail issued the strikers an ultimatum: Anyone who does not show up for work the next day must expect serious consequences. However, the vast majority of strikers were not intimidated by this threat, and the strike is the most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-down strike, sympathy strike, wildcat strike, go-ahead strike continued
The metro drivers ended the strike strike, the most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-down strike, sympathy strike, wildcat strike, go-slow strike after a few days, but the railway workers continued to strike well into December. On December 7th, the strike became the most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-down strike, sympathy strike, wildcat strike, slow-down strike finally ended. Korail said that after two intensive days of negotiations, a draft agreement had been negotiated with the KPTU, which provided that wages would be set within the framework of the guidelines adopted by the government.
The South Korean government has gone on a strike strike, the most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, slow-down strike by members of the KPTU division TruckSol reacted with intimidation, violence and arrests. The most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
cf.General strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, slow strike, which began on October 10, 2016, more than 7,000 truck drivers took part to protest against the government's planned deregulation of the freight transport industry.
The government then deployed 4,000 police officers on October 11, surrounding strikers and sympathizers in front of the Busan New Port. More than 50 TruckSol members were arrested and injured in the clashes that followed. The government also threatened the participants and organizers of the strike with reprisals such as the suspension of fuel subsidies, license revocation and criminal charges. On the ninth day of the strike, the police arrested TruckSol chairman Won-ho Park in Busan for "traffic obstruction".
The main demand of the truck drivers, in addition to the abandonment of the deregulation plans, was the introduction of a system with "rule sets", similar to the new system introduced in Australia, which links driver remuneration to road safety and makes the entire supply chain responsible for safety, whereby the Costs of higher wages and contract costs are spread across the supply chain. The Australian system has been praised, notably by the ILO International Labor Organization, a tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. It is the most important international organization for the formulation and monitoring of international labor standards.
See tripartism, ITUC Guide to international trade union rights as it contributes to better safety standards in the industry. The South Korean government committed itself to introducing a standard rate system in 2009, but did not keep this promise.An estimated 1,200 people are killed in truck accidents in Korea each year.
The most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
cf.General strike, intermittent strike, rolling strike, sit-down strike, sympathy strike, wildcat strike, slow-down strike ended on October 19 after the government agreed to discuss measures to better protect workers' rights and, more specifically, to prevent vehicle overloading proceed.
The Asia Monitor Resource Center (AMRC) published a leaked PowerPoint presentation by the powerful South Korean multinational Samsung in September 2016, which was actually only intended for the company's executive suite. This paper indicated the extent of the anti-union action, including “countermeasures” to “bring workers under control”.
The leaked material contained instructions to managers such as “isolate workers”, “punish leaders” and “fuel internal conflicts”. These instructions had clearly been followed as the AMRC also reported serious abuse cases in which Samsung "bugged employees' phones, spied on them and threatened their families".
In October 2016, the ITUC and IndustriALL Global Union published a joint report on "Samsung - Modern Technology, Medieval Conditions", which describes the global extent of the company's ruthless practices. It exposes the appallingly unsafe working conditions and explains how Samsung is using its power and influence to ban the formation of unions by threatening to terminate contracts if workers unionize. A new video on “Samsung's Secret” features a family suffering from Samsung’s anti-unionism, which also affects the entire Asian electronics industry.
On September 8, 2016, a criminal court sentenced Lee Jong-hwa, the president of the CPCWU construction workers' union, to six months in prison for his role in the November 14, 2015 mass protests. Two months earlier, KPTU Vice President Cho Sung-deok and KCTU President Han Sang-gyun had been sentenced to two and five years in prison, respectively.
A total of 36 members of the CCPWU were charged in connection with the November rally. Nine of them received prison sentences, although most received suspended sentences. However, Lee Jong-hwa remained in custody. Others have been fined between two and ten million won (about $ 1,800-9,000).
It is believed that the court ruling was part of the government's broader crackdown on the member unions of the Korean Federation of Construction Industry Trade Unions (KFCITU). The police had labeled the CCPWU's regular union activities as coercion towards employers and had investigated dozens of union leaders.
In July 2016, Kia Motors filed a criminal complaint against the leading representatives of the metal workers' union KMWU for allegedly illegal strikes. The complaint was directed against union chairman Kim Sung-rak and five other union officials and related to the union at Kia being involved in a nationwide strike, the most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, slow strike organized by the KMWU, a member organization of the Korean trade union federation KCTU.
Tens of thousands of active union members demonstrated in a general strike by 150,000 metal workers in Seoul on July 22, 2016 to express their displeasure over a conflict over wages and working conditions at Hyundai Motor Group. In order to settle the conflict and improve the negotiating position of employees in other companies, the KMWU called for a general strike and demanded industry-wide collective bargaining.
The company alleged the union had failed to comply with legal procedures for industrial action.
On July 26, 2016, the Seoul Central District Court sentenced Vice President of the Korean Public Service and Transportation Union (KPTU), Cho Sung-deok, to two years in prison for his role in the November 14, 2015 mass protests. He was one of several South Korean trade unionists tried on questionable charges related to union-organized protests, and his conviction came just two weeks after that of Han Sang-gyun, president of the Korean Confederation of Trade Unions (KCTU), to five years in prison for similar "offenses". One of the charges was "traffic obstruction", although the President of the International Transport Workers' Federation, Paddy Crumlin, said that "at most it could be said to cause traffic jams".
The rally and protests in November were directed against planned labor law reforms, which would seriously undermine workers' rights, and against the government in general. The regime cracked down on the protests, which many saw as a broader attack on the country's democratic trade union movement aimed at punishing unions who speak out against anti-worker reforms.
Three subcontractors (Geumhwa PSC, Jeongho Enc. And Beomjin Enc.) Of general contractor Daewoo Construction & Engineering have forced workers on the Pocheon Combined Fire Plant construction project to join the Korean Construction & Plant Construction Industry Trade Union, an industrial union, a union that is members of a represents a particular industry, regardless of their occupation or qualifications.
See corporate union that competes with the Korean Plant Construction Workers ’Union, a member organization of the Korean Federation of Construction Industry Trade Unions (KFCITU). It was found that the subcontractors had paid membership fees on behalf of the workers. When the new union had more members than the old one, the construction project was segregated as a bargaining unit and the new union recognized as a representative bargaining party.
The metalworkers union KMWU is fighting at Yoosung Enterprise Co., Ltd. against discrimination for five years. A strike The most common form of industrial action; a collective stoppage of work for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, go-slow strike in 2011 due to the company's refusal to accept the collective bargaining agreement A usually written agreement containing the results of collective bargaining between employee and employer representatives.
See putting collective bargaining in place resulted in a temporary closure and pressure on workers to quit the KMWU and establish a yellow union To prevent a real union from being formed. to found. Employers have openly preferred it since the new union was founded. Negotiations that began with the KMWU in 2011 were never completed because the management set unacceptable conditions, while an agreement was quickly reached with the new union. As a result, annual wage increases were withheld from KMWU members. In addition to favoring the new union in the collective bargaining process, there was discrimination in connection with union activities (time off for union work, provision of union offices, etc.) and, in some cases, individual union members were even targeted, for example when assessing, approving or denying Overtime, etc. The company also paid for social events and visits to a luxury bar for the new union.
Research by the Department of Labor and Prosecutor's Office has revealed that the company's main contractor, Hyundai Motors, is behind the anti-unionism, and even union-busting targets and deadlines, by an employer attempting to prevent a union from forming or getting rid of an existing union for example, by dismissing union members, bringing the union to justice or forming a yellow union. specifies. It took a long time to bring the case to court, and no decision had been made at the time of this writing.
On June 2, 2016, a court found 15 tower crane operators, all of whom were members of the KCWU construction workers union, guilty of “blackmail” and “obstruction” for attempting to bargain collectively with a company that refused to recruit union members. They were particularly concerned about the safety deficiencies on the accident-prone South Korean construction sites. KCWU deputy chairman Jeong Min-ho and Kim Myeong-uk, chairman of the tower crane division in Seoul-Gyeonggi, were sentenced to two and three years' imprisonment, respectively, while the remaining 13 received suspended sentences of between eight and 18 months.
The indictment was part of a generally tough crackdown on South Korean unions designed to intimidate and threaten those who dared to oppose the government's neoliberal agenda and anti-worker labor reforms.
All 15 were later released on bail after appealing.
The Korean Government Employees' Union (KGEU) had still not been approved as of May 2016. The Ministry of Labor rejected their approval for the first time in 2013, as their statutes state that laid-off workers can also be members of the union. KGEU members do not have access to their union's website at work because all government agencies have blocked them. This makes it extremely difficult for members to share information about union activity.
On April 12, the Seoul Procuratorate formally filed a lawsuit against Shin Seung-cheol, former chairman of the Korean Confederation of Trade Unions (KCTU). He was accused of organizing six illegal rallies in 2013 and 2014 when he was at the head of the trade union confederation. In December 2013 Shin allegedly mobilized around 3,000 demonstrators against the privatization of the railway in central Seoul without duly announcing this to the authorities. The public prosecutor's office also accuses him of obstructing traffic because he illegally occupied streets with around 2,500 protesters at another rally.
In March 2016, the Ministry of Interior and Gwangju City Council warned that a vote planned by the Gwangju City Employees Union (GMCEU) was illegal and that anyone attending the gathering where the vote is taking place should be punished. The GMCEU had scheduled the vote to change its legal status and become a local branch of the Korean Government Employees' Union (KGEU), the recognition of which is the designation of a union by the relevant state body as a bargaining party for the workers in a given collective bargaining unit or the employer's acceptance of collective representation of workers by a union. the government continues to reject it. The vote was obstructed and charges were brought against ten union representatives.
In the early hours of March 17, 2016, Han Kwang-ho, a 41-year-old Yoosung Enterprise worker, committed suicide. Han, an elected representative of the metalworkers' union KMWU, had been subjected to intimidation, repression and attack for five years because of his union work at Yoosung Enterprise, a major supplier to Hyundai Motor Company.
In January 2016, evidence was provided that Hyundai had joined forces with Yoosung Enterprise and the consulting firm Changjo to break up the union at the company. Their widespread and aggressive anti-union campaign began in 2011 when the union called for the end of 12-hour shifts. The strategy was aimed at making the union's life hell and crushing it completely. A yellow union became a yellow union A union established and / or controlled by the employer to prevent the formation of a real union. justified, and the workers were continuously exposed to physical violence and verbal abuse.
Just days before his suicide, Yoosung summoned Han again for questioning before a disciplinary committee. It was just one of several methods the company had used against its legitimate union work. Between July and December 2013, Yoosung reported Han to the police 11 times. Two false charges were still pending in court at the time he committed suicide.
The South Korean airline Korean Air Lines fired a pilot on March 7, 2016 for taking part in a duty-to-order operation. The pilot, referred to only as "Park", was accused of deliberately delaying the departure of a plane to Manila and of ignoring the airline's instructions to fly the plane back to Incheon. Union officials said he refused the return flight because it violated the rules that prohibit 12 consecutive hours of flight in one day. With his decision he therefore followed the instructions of the union and followed the regulations. The day after Parks was released, more than 200 pilots attended a rally to demand his reinstatement and press society to accept their demands.
Korean Air pilots went on strike on February 19, 2016The most common form of industrial action; a collective stoppage of work by employees for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, go-slow strike after their own representatives and those of the airline failed to reach an agreement on salaries and working conditions. The pilots asked for a 37 percent raise, while their employer offered just 1.9 percent. On February 25, Korean Air filed for an interim injunction, a court order to prohibit or prevent certain means of action, such as calling a strike or continuing a strike, to invalidate the resolution on procedural issues. However, the competent court in Seoul rejected this application on April 15th. The airline also brought a defamation lawsuit against 20 pilots in February, but finally withdrew them at the end of April.
After the negotiations had dragged on, the unions dropped their salary demands from 37 percent to 29 percent. The employer did not want to move away from its earlier offer, however, and on December 22, 2016, the frustrated pilots began another strike, the most common form of industrial action; a collective stoppage of work by employees for a certain period of time; can take many forms.
See general strike, intermittent strike, rolling strike, sit-in strike, sympathy strike, wildcat strike, go-slow strike, which they ended a week later in order to find a negotiated solution.
In February 2016, the Hyundai Steel Co. plant in Suncheon rejected requests from temporary workers to negotiate permanent employment, despite the Gwangju Regional Court ruling that Hyundai Steel Co. should consider as regular employees who have been employed for more than two years the company work. The court case had already started in 2011.
During 2015, the Regional Working Committee found Valeo Electrical Systems Korea guilty of unfair labor practices. Management had tried to get rid of the metalworkers' union KMWU at the plant, outsourced work and hired thugs to intimidate union members. Those who refused to leave the union scored worst in the annual performance evaluation and were again asked to leave the KMWU. Several workers eventually gave up their union membership because of the deterioration in their financial situation.
On November 16, 2015, a member of the KCWU construction workers' union named Na was hit by a dump truck, the driver of which was directly employed by the subcontractor, during a protest calling for an 8-hour day. He was aware that Na was right in front of his vehicle and intentionally drove towards him.
Five representatives of the tower crane arm of the construction workers' union KCWU were detained awaiting trial at the end of the year, including their chairman Kim Myung-uk, who was arrested and charged with four others on November 27, 2015, a company that rents tower cranes (Junkeyung Tower Crane) for blackmailing. The other four arrested were Jeong Min-ho, vice chairman of the tower crane division; Lee U-seong, chairman of the tower crane division in Busan-Ulsan-South Gyeongsang; Ko Beom-seok, head of the tower crane division in Seoul-Gyeonggi; Hwang Seong-yong, head of the tower crane division in Seoul-Gyeonggi. In fact, they had a collective bargaining agreement, usually a written agreement that contained the results of collective bargaining between employee and employer representatives.
See collective bargaining endeavored.
When it became known that a mass rally was planned for November 14th, the government declared it illegal and warned against attending it. The action was intended to protest against controversial labor market reforms, government-written history books, falling rice prices and youth unemployment. "We will find those who initiate illegal protests and become violent and bring them to justice," said Justice Minister Kim Hyun-woong.
When the rally took place with around 100,000 participants, the authorities used tear gas and water cannons.The police also put up a roadblock with their buses to prevent protesters from marching to the president's seat, despite the Constitutional Court ruling in 2011 that the use of police buses for this purpose was illegal. Police made 51 arrests and the KCTU estimates that around 500 people were injured by excessive police violence. Twenty-nine people had to be treated in the hospital. According to the police, around 22,000 police officers, 700 police buses and water cannons were used to seal off Gwanghwamun Square.
The following day, the Justice Minister announced tough measures against the organizers of “violent, illegal” rallies.
On November 21, police in the capital Seoul searched 12 offices of eight unions, including the KCTU (Korean Confederation of Trade Unions), looking for evidence of involvement in the rallies. The police confiscated union records and copied computer files.
The Korean teachers' union, KTU, appeared to be losing its battle with the government for legal status when the Constitutional Court ruled on May 28, 2015 that the labor law prohibiting dismissed education workers from union membership was constitutional. The KTU had struggled for legal survival since the Labor Ministry's decision in October 2013 to ban the union for allowing dismissed education workers to join, even though only nine of its 60,000 members fall into the “illegal” category. The provision in this regard is in contradiction to international labor standards, which state that it should be left to the unions themselves to decide who they accept as members and who to elect to their top management. The ILO International Labor Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. It is the most important international organization for the formulation and monitoring of international labor standards.
See tripartism, ITUC Guide to International Trade Union Rights had made it clear that the prohibition on accepting dismissed or unemployed workers as members or leaders was a violation of the principles of freedom of association, the right to form and join trade unions of their own choosing and the right of the trade unions to work unhindered and to carry out their activities without undue interference.
See ITUC Guide to International Trade Union Rights.
If this decision remains, the KTU would no longer be entitled to collective bargaining with the government and all full-time KTU representatives would have to resume their teaching activities.
The government had long since made no secret of its dislike of the union and had not changed its mind. The government had not even invited the KTU to the World Education Forum from May 19-22, 2015 in Incheon (Korea), even though it is one of the two largest teachers' unions in the country.
The battle was not finally lost, however, as the Constitutional Court had declared the exclusion of laid-off workers constitutional, but had also determined that it would not necessarily be lawful to deny the KTU its legal status, since it had applied for admission and in a legitimate manner work. According to the court, the High Court or the Supreme Court must judge whether the decision of the Ministry is appropriate. "The KTU has been working as a legal union since it was founded ten years ago and its legal personality was only withdrawn in October 2013, although there were previously dismissed workers among its members," the court said.
On November 16, the Seoul High Court overturned the Supreme Court's decision by granting the motion to suspend the decision regarding the deprivation of the legal personality of the KTU until “an appeals court has decided”. The struggle for the legal survival of the KTU continues.
In November, an arrest warrant was issued against Han Sang-kyun, chairman of the Korean Confederation of Trade Unions, for organizing marches and rallies to demand justice for victims of the ferry accident and to protest proposed labor reforms.
Police tried to arrest him when he was speaking at a meeting shortly before a rally on November 14, but union members blocked the way so Han Sang-kyun could escape. Nine people were arrested for helping to prevent his arrest, 126 faced charges for escaping the KCTU chairman or participating in "illegal" protests, and 450 others were warned that the police were keeping them will hear in this context.
Two days after the November 14 rally, Han Sang-kyun sought refuge in a Buddhist temple and declared that he owed it to the country's workers to first resolve the issue of upcoming labor reforms. He finally left the temple on December 10th after a police operation that resulted in a clash with temple members, after which Han-Sang-kyun decided not to face any further incidents with the people in the temple. He called for a renewed protest against the reforms planned by the government on December 16 and declared that he would publicize the brutal repression of workers by the authorities.
Han was held at the Namdaemun Police Station in Seoul while awaiting trial. When Noriyuki Suzuki of the ITUC Regional Organization for Asia / Pacific asked to meet with him, the police refused to allow it because "evidence could be destroyed".
In addition to organizing “illegal” rallies, the police demanded that the KCTU chairman be charged with sedition. It was the first time in 29 years that such a charge has been brought.
On the morning of November 6, 2015, around 200 police officers raided the building of the Korean Public Service and Transportation Union (KPTU). The reason was allegedly a protest by striking truck drivers from KPTU's Truck Sol division, who transport goods for the food company Pulmuone. The most common form of industrial action; collective stoppage of work by employees for a specified period can take many forms.
See general strike, intermittent strike, rolling strike, sit-down strike, sympathy strike, wildcat strike, go-slow strike had started on September 4th in order to obtain recognition
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