South Korea – Freedom of Association & Workers' Struggle in Public Sector

Abstract

10 | International Union Rights | 26/1 FOCUS | UNION RIGHTS OF STATE ADMINISTRATION AND ESSENTIAL SERVICES WORKERS On 12 December 2018, I was on my way to the Government Complex in Seoul in the biting wind of sub-zero weather, to participate in a consultation meeting on an introduction of a special law for the reinstatement of dismissed government employees. Some members of the Korean Government Employees’ Union (KGEU) were sitting on the precast pavers nearby the gate. They were wearing vests with the slogan ‘Freedom of Association for the Government’s Employees! Reinstatement of the dismissed union members!’ Many of them, sitting and chanting the slogan were now grey-haired. In front of the Presidential House, the president of the KGEU was on a hunger strike. It was the 17th day. On 6 March 2019, a group of labour lawyers were holding a sit-down protest outside of the office of the Economic Social and Labour Committee, the social dialogue body. Mr. Shin, In-soo, head of the KCTU legal centre was on the 8th day of his hunger strike. A large number of labour lawyers, certified public labour attorneys and legal experts continued hunger strikes and overnight vigils in relays. This is a snapshot of Seoul, Korea in early winter of 2018 and the first week of spring of 2019. In Korea, not all the public officials working in the administration, the legislature, the judicature, local governments and schools can form and join a union. The laws allow a limited range of public officials and teachers to do so. Teachers in the public and private school can establish unions according to the Act on the Establishment, Operation, etc. of Teachers’ Union (AEOTU) enacted in 1999. For public officials, the Act on the Establishment and Operation, etc. of Public Officials Trade Union (AEOPOTU) was enacted in 2005. In 2018, the Constitutional Court found that banning trade union rights for university professors is unconstitutional but a new law is yet to be enacted accordingly. The AEOPOTU( 2005) is a special law which is separated from the Trade Union and Labour Relation Adjustment Act (TULRAA) which is applied for the general workers. Even though the AEOPOTU claims to guarantee the right to organise of the public officials, certain categories of them are not covered by the Act. For example, senior officials (higher than grade 5) across the board are prohibited to join a union. Those who are in extraordinary civil service, in a position of directing and supervision, engaged in personnel management, correction, investigation, and other duties similar thereto are comprehensively prohibited to join the union. The scope of union membership is not to be decided autonomously by the union’s constitution, but is already decided by the State, and stipulated in law. According to the law, 55.4 percent of the whole government employees, 359,000 out of 648,000 are prohibited to join union. The law stipulates that ‘public officials who exercise the right to direct and supervise other public officials or engage in the overall management of the affairs of other public officials’ are excluded from trade union rights. Considering the hierarchical structure of the governmental organisation, all public officials – other than the lowest grade – could fall into this category. Moreover, this provision has been mis-used by the Government as employer to interfere in trade union activity. In 2008 and 2009, under the conservative government, the Ministry of Public Administration and Security initiated the ‘Plan to Eliminate Illegal Practice by Government Employee’s Organisations’ and ordered each administrative office and local governments to take measures for those who are ineligible for trade union rights by law to withdraw union membership, to ban the deduction of check-off membership fees, to discipline those who maintain union members, and to report the development. The AEOPOTU puts a total ban on a political activity in any form by public officials’ union and their members. The political activity, joining a political party, financial contribution for a party, and expression of political opinion are already prohibited by the State Public Officials Act, the Public Official Election Act, and the Political Parties Act. Recently, members of the Korean Teachers and Education Workers Union (KTU...