Resolution on Trade Union Rights in the Republic of Korea

Adopted by the 123^rd Plenary of the TUAC to OECD in Paris, France, on 12 November 2009:

The Trade Union Advisory Committee to the OECD stands fully behind its Korean affiliates the FKTU and the KCTU in their struggle with the Korean government over the respect of trade union rights in the Republic of Korea. On its accession to the OECD in 1996 Korea committed “to reform existing laws on industrial relations in line with internationally accepted standards, including those concerning basic rights such as freedom of association and collective bargaining.”

TUAC is concerned that the government of Korea is seeking to push ahead with the enforcement of the Trade Unions and Labor Relations Act (TULRAA) which bans employers from paying wages to full-time union officials and tries to force a single bargaining channel when union pluralism is allowed at enterprise level. This is a flawed approach.

We support the successive statements by the International Labour Organization that wage payment of full-time union officials should not be a matter of government’s interference or coercive legislation but should be left to the discretion of free and voluntary collective bargaining between labor and management. We deplore the fact that the government continues to ignore the recommendations of the ILO.

We also firmly believe that the Government’s attempt to enforce a single bargaining channel without the support of the FKTU and KCTU is not acceptable and risks depriving a many small and medium-sized unions of their right to collective bargaining.

We are deeply concerned at the repression of the rights of collective bargaining and collective action for government employees and excessive government interference in union affairs that represents violation of fundamental workers’ rights. We are also concerned at the continued arrests of trade unionists under the penal code for “interference in business activities” including the growing number of workers with no-regular contracts seeking to form unions.

TUAC therefore calls on the Government of Korea:

-    To repeal immediately the provision in the TULRAA on the ban of wage payment to full-time union officials.

-    To guarantee voluntary collective bargaining when union pluralism is allowed at enterprise level and develop the most suitable forms of bargaining channels in full consultation with the FKTU and KCTU with the advice of the ILO.

-    To guarantee basic labour rights of government employees and end the harassment of the government employees’ unions 

-    To stop illegitimate interference in industrial relations in the public sector including the denial of collective bargaining agreements

-    To fulfil its responsibilities as a member of the OECD to ensure full compliance with internationally recognized labour standards and in particular to move forward to ratification of ILO conventions 87 and 98 on freedom of association and collective bargaining.

We call on the Korean employers organizations:

-  To participate in the dialogue and negotiations in a sincere manner on the pending issues including union pluralism and wage payment of full-time union officials.