TUAC Trade Union Advisory Committee to the OECD CSC Commission Syndicale Consultative aupres de l’OCDE Assessment of the EU - Rep. of Korea FTA Comments regarding the FTA references to core labour standards and the labour rights situation in the Rep. of Korea Roland Schneider, TUAC Brussels, 23 June 2010

TUAC Trade Union Advisory Committee to the OECD Trade Union Advisory Committee to the OECD 15, rue la Perouse Paris FRANCE Tel : +33 (0) Fax : +33 (0) An international trade union organisation with 56 affiliates from OECD member countries, among them FKTU and KCTU financed by its members operates as the interface of organised labour with the OECD; based on consultative status operates through a small secretariat in Paris Office

TUAC Trade Union Advisory Committee to the OECD

Violation of trade union rights in Korea as reported by the ITUC Worsening repression of union organising "Illegal" strikes and police violence: Collective action often becomes "illegal", even when it is not in essential services, given the complicated legal procedures for organising a strike. The government continued to repress such action severely Public sector workers threatened – collective bargaining agreement ignored Civil Servant union leaders dismissed after attending rally Government interference in union affairs

Labour Law reform in Korea: Findings of missions and reports regarding the OECD Monitoring Mandate Items in conflict with internationally recognized labour standards / Outstanding labour law reform issues (1) TUAC trade union advisory committee to the OECD CSC commission syndicale consultative aupres de OCDE 2002 OECD monitoring round 2005 OECD follow-up report2007 report by the Korean Authorities Continuing prohibition of trade union pluralism at enterprise level Continuing prohibition of trade union pluralism at enterprise level (change was scheduled for January 2007) Continuing prohibition of trade union pluralism at enterprise level (ban has been extended; change scheduled for January 2010) Prohibition of employers payment for full-time trade union officials Prohibition of employers payment for full-time trade union officials (implementation was scheduled for January 2007) Prohibition of employers payment for full-time trade union officials (implementation rescheduled for January 2010) Denial of civil servants’ rights to organize Act on Establishment, Operation, etc. of Public Officials’ Trade Unions entered in to force in January 2006; However not fully in line with ILO standards Restrictions on the right to organize, to negotiate and to strike maintained; transition problems regarding the KGEU are continuing (forceful closure of KGEU offices)

Labour Law reform in Korea: Findings of missions and reports regarding the OECD Monitoring Mandate Items in conflict with internationally recognized labour standards / Outstanding labour law reform issues (2) TUAC trade union advisory committee to the OECD CSC commission syndicale consultative aupres de OCDE 2002 OECD monitoring round 2005 OECD follow-up report 2007 report by the Korean Authorities Broad definition of “essential public services”, where strike action is prohibited or severely restricted No major developments since 2002 review The scope of “essential public services” has been extended; abolition of compulsory arbitration, however introduction of minimum service requirements and permission of replacement of workers during strikes Prohibition for dismissed or unemployed workers to become or remain trade union members Little public debate, no action taken No major reforms taken; however, due to court ruling unemployed workers can engage in non-enterprise level union Requirement for notification by third parties to industrial disputes Little public debate, no action taken Abolition of notification requirement, beginning on July 1st 2007 High numbers of arrests and imprisonment of Korean trade unionists Continuing arrests and imprisonments of trade union members and leaders High numbers of arrests and imprisonments of trade union members and leaders reported [Comment: Criminal code continues to limit trade union action by “obstruction of business” clause]

TUAC trade union advisory committee to the OECD CSC commission syndicale consultative aupres de OCDE TUAC considers the following ass outstanding issues of labour law and IR reform in Korea: The ongoing criminalization of union activity, based on the “Obstruction of business” clause in the penal code. Article 314 of the Criminal Code, which classifies many normal forms of trade union activity as “Obstruction of Business” and is used to arrest and imprison trade unionists.. The limitation of union rights for government employees. The limitation of trade union rights for ‘irregular’ workers not covered by the standard employment relation ship such as workers in temporary employment, for migrant workers and unemployed workers. Ongoing government interference into industrial relations

TUAC trade union advisory committee to the OECD CSC commission syndicale consultative aupres de OCDE 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.