Focus: Damage claims and provisional seizure as a means of union busting

Abstract

Page 8 Volume 22 Issue 1 2015 INTERNATIONAL union rights FOCUS ❐ SOUTH KOREA tal labour rights are severely violated. The only way out of the threat of damage claim and provisional seizure is for workers to give up their union activity or even their jobs. This makes unions weaker and union officers more intimidated . In many cases unions almost collapsed facing litigation. Moreover, a damages suit menaces workers’ right to life and violates their human rights: it deprives them of their wage, the only means of living, their housing, and in some cases, the assets of their sureties. The damages claimed by the Hyndai Motor against the precarious workers in the company is a key example. After the company sued 323 members of KMWU Hyndai Motor Ulsan Irregular Workers’ Local, it dropped the case against 135 of them. It was found that 134 among them had withdrawn from the union and from the lawsuit for regularisation. The company also dropped the case against those who withdrew from the union. This is a typical case in which the company sued for compensation of ruinously large amount of money in one hand and used a good cop / bad cop method to the defendants to withdraw from their trade union. The soaring number of damages claims are a product of the law and of institutions that create ‘unlawful’ strikes. Even though the three basic labour rights are guaranteed in the Constitution in Korea, the law and the courts’ interpretations make it almost impossible for workers to lawfully strike to put pressure on their employer. This is not just my personal view, it also the conclusion of a meeting of labour lawyers’ organisations . In Korea, almost of the strike are considered illegal and once a strike is found illegal damage claim, provisional seizure, disciplinary measure including dismissal and criminal punishment are automatically followed. It was the case when workers went on a strike against mass layoffs (Ssangyong Motor, Hanjin Heavy Industry, KEC, etc), against company’s managerial action such as establishment of subsidiary, which is influential to working condition (KoRail), against possible deterioration of working condition by government ’s directive (KoRail), for a fair and just broadcasting system (MBC), and for the company ’s implementation of the court ruling (Hyundai Motor), etc. For all the cases above mentioned, the government and the court illegalised the strikes based on the view that these strikes aimed violation of management rights. In Korean society, it is regarded a common sense that workers’ strikes are rebellious, illegal or anti-social, and thus that they should be criminalised . In every news report regarding strikes the public security division of the prosecution or the police always appears and pours a series of Trade unions in Korea are currently facing damages claims for billions of Won (equivalent to millions of euros or US dollars) brought by employers KWON, DU-SEOP, Attorney at Law, KCTU Legal Center I n early 2003, a worker joining the Korean Metal Workers’ Union (‘KMWU’) Doosan Heavy Industry Chapter set himself on fire. He had been despondent about a court decision of provisional seizure of the assets of workers who had participated in an ‘illegal’ strike called by the union chapter. His suicide note was full of anger and resentment against the conglomerate. In the same year, Lee, Hae-nam, a worker in Sewon Tech died leaving behind his colleagues. His coworkers reportedly found a dismissal notification letter, a written summons by the police, a debt statement and a notification of credit repair support in his left baggage. This clearly shows the reality of workers who are easily dismissed for union activity and face criminal sanction and damage claims and provisional seizure. On December 21, 2012, Choi, Kang-seo (35), a union officer in Hanjin Heavy Industry hanged himself in the union office. His suicide note read ‘withdraw damage claims. KRW 15.8 billion (approx. euro 13 million). I have never heard of such a big amount of money’. Hanjin claimed KRW 15.8 billion in compensation for damages against the union that had called a strike at the end of dispute over layoffs. According to a survey by the Korean Confederation of Trade Unions (‘KCTU’), the...