“No Right to Strike”: Bill on Unionization for Public Servants Confirmed

At a Cheong Wa Dae Cabinet meeting on October 19, the government finalized a bill regarding unionization for public servants, which places a ban on collective action (the right to strike), and decided to submit the bill to the National Assembly before the end of the month.

In protest, the Korean Government Employees Union (KGEU), currently classified as an “illegal” organization, plans to begin an unlawful general strike for an indefinite period starting November 1, and clashes between union and government are expected to ensue.

The finalized bill recognizes the right of association and collective bargaining but does not recognize the right to strike. Slated to go into effect in one year, the bill limits eligibility for joining a union to public servants of class 6 or lower in classified posts as well as in corresponding unclassified, contractual, technical, and temporary posts.

One of the key points of contention concerning the new bill is its designation of areas amenable to collective bargaining. The bill specifies “issues on wages, welfare, and other working conditions” as eligible for group negotiations, but adds, “The government does not recognize the validity of arrangements regarding ordinances, regulations, and budgets as forms of collective agreement, although it retains the responsibility to carry out such arrangements faithfully.”

In other words, on matters of wages and welfare for public servants, even if the government and the labor union reach an agreement, the National Assembly or the legislative body of a particular local government can prevent the agreement from being carried out since both areas directly pertain to the issue of the budget.

Moreover, if the labor union strikes, the government can impose 50 million won or less in fines, or five years or less in prison.

In response, KGEU announced, “We have no recourse but to strike if the government pushes through a bill that denies the three basic labor rights guaranteed by the Constitution,” adding, “Our strike fund has already surpassed the initial goal of 100 million won.”

The general strike will begin on November 1, with 20,000 union members from local chapters convening at the capital for protesting. The entire leadership appears ready to brave even criminal prosecution.

An official with the Ministry of Government Administration & Home Affairs stated, “An unlawful public servants’ strike which threatens to paralyze the country’s functions will not be tolerated on any terms, and will be dealt with according to the law.” He also explained, “A joint statement affirming that the minister of Government Administration & Home Affairs and the minister of Justice will respond firmly to the upcoming strike is set to be announced on October 25.”

Jong-Hoon Lee taylor55@donga.com