Ratification of ILO Core Conventions... Controversy over 'Right to Unionize' and 'Management Risks', Government "Welcomes"

Approval of 3 Core ILO Conventions Including Freedom of Association Passed by National Assembly
Ministry of Employment: "Reduced FTA Dispute Risks with EU... Trade Risk Resolution"

[Image source=Yonhap News]

[Sejong=Asia Economy Reporter Moon Chaeseok] The government welcomed the approval of the ratification bills for three core International Labour Organization (ILO) conventions, commonly referred to as the 'right to unionize,' which were passed by the National Assembly on the 26th. Meanwhile, the business community expressed concerns, describing the situation as a 'tilted playing field.'

On the same day, the National Assembly held a plenary session and approved the ratification bills for ILO Core Conventions No. 29, 87, and 98 submitted by the government.

The Ministry of Employment and Labor, in a press release, conveyed the news of the ratification approval, stating that "it holds great significance in fulfilling promises to the international community and contributing to enhancing national prestige and credibility."

The core conventions refer to eight fundamental labor rights conventions among the 190 conventions adopted by the ILO. Among these, the ratification bills concerning 'Forced or Compulsory Labor (No. 29),' 'Freedom of Association and Protection of the Right to Organize (No. 87),' and 'Application of the Principles of the Right to Organize and Collective Bargaining (No. 98)' were approved.

On October 21 last year, members of the Federation of Korean Trade Unions (FKTU) and the Korean Confederation of Trade Unions (KCTU) held a press conference in front of the National Assembly in Yeouido, Seoul, urging the ratification of the International Labour Organization (ILO) core conventions. Photo by Jinhyung Kang aymsdream@

The ratification of the ILO core conventions was a national agenda of the Moon Jae-in administration, and discussions on revising domestic laws related to the core conventions have been underway. Amendments to the Labor Union Act, the Teachers' Union Act, and the Public Officials Union Act, which include provisions allowing unemployed and dismissed workers to join unions in accordance with ILO Core Conventions Nos. 87 and 98, passed the National Assembly in December last year. The revision process of the Military Service Act reflecting ILO Core Convention No. 29 is also in progress.

According to the Ministry of Employment and Labor, with this ratification, ▲ all forms of involuntary forced labor will be prohibited, ▲ voluntary establishment and membership of labor unions and election of representatives by labor and management will be guaranteed, ▲ workers' exercise of the right to organize will be protected, and ▲ autonomous collective bargaining will be encouraged.

An official from the Ministry of Employment and Labor stated, "The government plans to deposit the ratification instruments for the three conventions with the ILO," adding, "The conventions will come into effect one year after the date of deposit." The official also anticipated that "this will help reduce disputes related to labor provisions in free trade agreements (FTAs) such as the Korea-European Union (EU) FTA and alleviate trade risks."

Previously, from December 2018 until last month, an expert panel procedure under the Korea-EU FTA was conducted because South Korea had not ratified the ILO core conventions. The EU requested the panel's convening on the grounds that Korea had not complied with international norms obligations related to the ILO core conventions.

Meanwhile, the business community expressed concerns about the recent approval. Their argument is that under a de facto 'pro-labor administration,' strengthening the union's rights to organize and bargain would interfere with business activities. In particular, they claim that allowing dismissed and unemployed workers to join company-specific unions could turn labor-management relations into a business risk.