Expert Panel: "Korea to Improve Union Membership Scope and Executive Qualifications in EU ILO Core Conventions"

Government "Panel Regrets Recognition of Binding Obligations in 13 Chapters of Korea-EU Agreement"

The scene of the legislative public hearing held at the National Assembly on November 18 last year to prepare for the ratification of the International Labour Organization (ILO) core conventions. (Image source=Yonhap News)

[Asia Economy Reporter Moon Chaeseok] An expert panel on the Korea-European Union (EU) Free Trade Agreement (FTA) recommended improvements, stating that South Korea is not properly fulfilling its obligations regarding union membership scope and executive qualifications. Last year, the government and ruling party unilaterally passed the three labor union laws (amendments to the Labor Union Act, Public Officials Labor Union Act, and Teachers Labor Union Act) during the regular session of the National Assembly, citing ratification of the International Labour Organization (ILO) core conventions, but the panel judged that there is room for improvement. The government stated that the amendment to the Labor Union Act, passed by the National Assembly at the end of last year as part of ratifying the ILO core conventions, was not reflected in the expert panel’s assessment.

The Ministry of Employment and Labor announced on the 25th that the panel submitted a report containing these findings to South Korea and the EU on the 20th. Earlier, in July 2019, the EU requested the convening of a panel, claiming that South Korea was not fulfilling its obligations under Chapter 13, "Trade and Sustainable Development," of the Korea-EU FTA. The panel consisted of three members: Chair Jill Murray, a professor at the University of Melbourne, Australia, and one representative each from Korea and the EU.

The panel stated that Korea’s Labor Union Act does not comply with the "principle of freedom of association" and recommended improvements in two areas. First, regarding the scope of union membership, it demanded, "Guarantee the right of all workers, including self-employed persons, dismissed workers, and unemployed persons, to join enterprise or cross-enterprise unions." Second, concerning union executive qualifications, it recommended, "Allow unions to freely elect their executives." However, regarding the "union establishment notification system," the panel concluded that it "cannot be considered a violation of the agreement" and suggested "further discussions in the consultative body established under the FTA agreement."

In response, the Ministry of Employment and Labor said, "We regret that the panel regarded and recommended Chapter 13 of the Korea-EU FTA as a binding obligation," adding, "While respecting the panel’s judgment, we plan to make every effort to implement it." The ministry also stated that two of the three recommendations by the panel were resolved through legal amendments in December last year. They emphasized that the panel’s recommendations only reflected the situation up to November 25, before the Labor Union Act was amended.

First, regarding the scope of union membership, the ministry explained that if the amended law takes effect on July 6, dismissed workers and others will be allowed to join unions. Since dismissed workers can join enterprise unions, public officials’ unions, and teachers’ unions, it is not considered a violation. The panel had requested allowing self-employed workers such as delivery drivers and insurance planners, who are special-type workers, to join unions, but the ministry stated that the establishment and membership of unions by special-type workers are already recognized.

Additionally, under the amended Labor Union Act, unions can freely determine executive qualifications through their own bylaws. Previously, qualifications were limited to existing union members, but now executives can be elected from among union members working at the relevant workplace according to the bylaws. The ministry said, "For enterprise unions only, union executives are limited to union members working at the company, and the ILO also understands our special circumstances on the premise of upholding the fundamental principle of freedom of association."

A ministry official said, "Going forward, the Korean government will strive to ensure the prompt passage of the ratification bill for the ILO core conventions currently pending in the National Assembly’s Foreign Affairs and Unification Committee," and added, "We plan to actively explain to the EU side, following the procedures stipulated in the Korea-EU FTA agreement, that the panel’s recommendations have recently been addressed through labor law amendments."