25 November, 2009ILO's Committee on Freedom of Association blasts Korean government for its inaction regarding alleged acts of anti-union repression carried out against subcontracted workers and calls on Korea to reform its labour laws immediately, specifically penal code 314.
GENEVA: An Interim Report by the Committee on Freedom of Association adopted by the International Labour Organisation's Governing Body last week calls on the Korean government once again to implement real labour law reform to remove barriers for precarious workers seeking to join a union or collectively bargain.
"...all workers, without distinction whatsoever, whether they are employed on a permanent basis, for a fixed term or as contract employees, should have the right to establish and join organisations of their own choosing, and the non-renewal of a contract for anti-union reasons constitutes a prejudicial act within the meaning of Article 1 of Convention 98," the Committee reported.
The complaint, case number 2602, was lodged in 2006 by the Korean Metal Workers' Union, the Korean Confederation of Trade Unions and the International Metalworkers' Federation (IMF) and documents a series of violations at Hyundai Motors plants in Ulsan, Asan and Jeonju and at Hynix/Magnachip, Kiryung Electronics and KM&I. The ILO has called on the Korean government repeatedly to investigate these allegations of union repression and rights abuses and to reinstate or compensate workers where violations of basic workers' rights have been committed.
A February 2009 fact-finding mission of the International Trade Union Confederation, IMF and the Trade Union Advisory Committee of the OECD found supporting evidence that precarious workers in Korea continue to be denied the most basic rights, specifically rights to freedom of association, collective bargaining and collective action.
Referring to Korea's unique penal code 314, which allows employers to seek imprisonment or compensation from union members and unions for "obstruction of business", the Committee recommended that the Korean government "plan the adoption of necessary measures, in consultation with social partners concerned, to establish a general practice of investigation, rather than arresting strikers, and that arrests should be limited, even in the case of illegal strike, to situations in which acts of violence have occurred," noting "the criminalisation of industrial relations is in no way conducive to harmonious and peaceful industrial relations."
The ILO has been calling on the Korean government to reform penal code 314 for almost 10 years and it is the subject of one of the ILO's longest standing complaints, case number 1865.
The Committee expressed its "...deep concern at the limited progress with regard to the substantive issues raised by the case."
Korea has not ratified Convention 87 or 98, however "...when a State decides to become a Member of the Organisation, it accepts the fundamental principles embodied in the Constitution and the Declaration of Philadelphia, including principles of freedom of association, and that the ultimate responsibility for ensuring respect for the principles of freedom of association therefore lies with the Government," the Committee stated.
A copy of the Committee's Report is published on the IMF website here.