"Guaranteeing Union Activities for Non-Employee Members in Workplaces, Concerns Over Industrial Site Disputes"

Hankyungyeon Comments on the Cabinet Meeting Approval of the Amendment to the Enforcement Decree of the Trade Union Act
"Efforts Needed to Minimize Confusion by Providing Practical Guidelines"

[Asia Economy Reporter Kim Heung-soon] The Korea Economic Research Institute under the Federation of Korean Industries officially expressed concern on the 22nd that the partial amendment to the Enforcement Decree of the Labor Union and Labor Relations Adjustment Act (Labor Union Act), which guarantees labor union activities within workplaces for non-working union members, has passed the Cabinet meeting, fearing that conflicts in the industrial field may intensify.

On the same day, Choo Kwang-ho, Director of Economic Policy at KERI, commented on the Cabinet's approval of the amendment to the Enforcement Decree of the Labor Union Act, stating, "Following last year's revision of the Labor Union Act, the Cabinet passed the Enforcement Decree of the Labor Union Act without reflecting the economic sector's opinions, despite the economic sector pointing out problems."

The government reviewed and approved amendments to the enforcement decrees of three laws at the Cabinet meeting that morning: the Labor Union Act, the Act on the Establishment and Operation of Labor Unions of Public Officials (Public Officials Labor Union Act), and the Act on the Establishment and Operation of Labor Unions of Teachers (Teachers Labor Union Act).

The provision that economic organizations are most concerned about in the amendment to the Enforcement Decree of the Labor Union Act is the part stipulating that "non-working persons such as dismissed workers and unemployed persons may engage in labor union activities at the business or workplace to the extent that it does not interfere with business operations."

Director Choo said, "The economic sector has continuously pointed out that the criteria allowing non-working union members such as dismissed workers and unemployed persons to enter the workplace under the amended Labor Union Act (to the extent that it does not interfere with the employer's efficient business operations) are abstract and unclear, which could lead to labor-management disputes." He added, "Without specific and objective standards for the extent that does not interfere with efficient business operations, interpretations between labor and management will inevitably differ, causing confusion."

He also added, "I hope the government will make every effort to minimize confusion that may arise during the implementation of the amended Labor Union Act by presenting realistic guidelines on the scope of labor union activities within workplaces for non-working union members, so that our companies can focus on overcoming the economic crisis without getting involved in unnecessary disputes."

Earlier, KERI and the Korea Employers Federation proposed a revised draft to the government regarding non-working union members' union activities within workplaces, which included ▲ mandatory compliance with workplace entry and facility usage rules ▲ allowing workplace entry only when approved in advance by the employer or limited to union offices ▲ establishing grounds for requesting removal if business operations are disrupted.

In response, a government official dismissed the proposal, stating, "If the government issues guidelines, it could cause unnecessary disputes, so there are no plans to issue guidelines on labor union activities within workplaces."