Can the Repeated 'Gapjil' Controversies at Fast Food Chains Be Prevented?

McDonald's Part-Time Worker Abuse, 'Sticker Replacement' Controversy Worsens After Public Debate
Experts "Insufficient Protection for the Vulnerable... Need Systems Allowing Direct Voice"

On the morning of the 5th of last month, Park Chang-jin, Vice Representative of the Justice Party, is speaking at the press conference titled "McDonald's, Don't Turn Part-Time Workers into Criminals" held in front of McDonald's Limited Liability Company in Jongno-gu, Seoul.
[Photo by Yonhap News]

[Asia Economy Reporter Kim Seohyun] Recently, as controversies over power abuse between headquarters, employees, and franchise stores have repeatedly occurred at fast food restaurants, concerns have been raised that part-time workers (alba workers) and other 'subordinates' are not being protected.

The "Countermeasures Committee Urging McDonald's to Take Social Responsibility" (Countermeasures Committee), composed of the Justice Party, the Part-time Workers' Union, and civic groups, held a press conference in front of the Human Rights Commission in Jung-gu, Seoul, on the 26th of last month, criticizing that "human rights violations against workers at McDonald's have worsened since the 'sticker replacement' incident."

According to the Countermeasures Committee, McDonald's took measures at some stores following a whistleblower's report, including Δprohibiting mobile phone use Δprohibiting the use of jeans pockets Δbarring riders from entering product preparation areas Δexcluding crew members from tasks after their contract expiration.

Earlier, on the 3rd, it was revealed through a whistleblower's report that expired food ingredients at McDonald's stores were not discarded but instead had expiration date stickers replaced and were used. In response, McDonald's Korea posted an apology on its website acknowledging the fact and promising to prevent recurrence. However, it faced heavy criticism for imposing a three-month suspension on part-time workers, which was seen as a 'scapegoating' response.

Netizens criticized, saying, "Stop violating part-time workers' human rights and reflect on the headquarters' mistakes," and "Acknowledge the headquarters' responsibility and apologize for shifting blame onto part-time workers."

Park Changjin, Vice Representative of the Justice Party and Chair of the Power Abuse Eradication Special Committee, emphasized at a press conference held in front of McDonald's Korea on the 19th that "imposing a three-month suspension on a 27-year-old young worker living on hourly wages is a typical case of power abuse that takes away the value of life."

Experts pointed out that this is a case of exploiting the poor status of part-time workers and that there are no measures in place to reflect the voices of the parties involved.

Labor law specialist Attorney Joinseon Cho of YK Law Firm stated, "Work regulations must be premised on the consent of the parties involved, including the majority of workers," and added, "(This McDonald's power abuse case) appears to have no explicit consent from the parties involved and lacks institutional procedures. Part-time workers are in a vulnerable position where it is difficult to raise their voices and receive employment protection."

He further mentioned that McDonald's does not differentiate between regular employees and part-time workers in terms of dress code and work intensity, adding, "In this situation, prohibiting part-time workers from carrying mobile phones and restricting their attire amounts to stricter surveillance than that imposed on regular employees."

Domestic hamburger brand Mom's Touch has terminated its franchise contract with the Sangdo Station branch, whose owner serves as the chairman of the Franchisee Council, sparking controversy. Photo by Online Community

Meanwhile, the domestic hamburger brand Mom's Touch has also been embroiled in controversy over power abuse by its headquarters against franchise stores. On the 3rd, the Mom's Touch Sangdo Station branch was forced to suspend operations after receiving notice from headquarters of a halt in raw material supply and contract termination.

Hwang, the owner of the Sangdo branch, claimed that Mom's Touch headquarters accused him of "spreading false information" regarding a membership guide sent to franchise owners for the formation of an owners' council in March.

The headquarters pointed out that a phrase in the guide sent by Hwang stating, "Recently, almost all stores are suffering from declining sales and profits, and the pain has reached an indescribable level due to rising product cost ratios and plummeting margins," was inaccurate.

Mom's Touch warned in early April that if the statement was not corrected, raw material supply would be stopped. Hwang filed an injunction to prevent this. However, on the 3rd, Mom's Touch notified Hwang of the final contract termination and stopped ordering materials for the store from the 8th.

In response, franchise owners protested, saying, "Mom's Touch unfairly terminated contracts to prevent the formation of the franchise owners' council." The headquarters countered, stating, "Contract termination was due to violations, and several months of correction requests were made. The suspension of supply was also preceded by prior notice."

Civilians sided with the franchise owners. In front of the Mom's Touch Sangdo Station branch, notes supporting the store such as "Staff, don't lose hope" and "Wishing for recovery" are posted in abundance. Currently, about 200 messages fill the store walls and even extend to the roadside in front of the store.

Experts emphasized the need for a system that guarantees the formation of franchise owners' councils. Attorney Cho explained, "The unilateral contract termination by headquarters due to the formation of a council was an unforeseen situation when the Franchise Business Act was first enacted in 2002," adding, "Currently, the best option is to seek rights relief through dispute mediation councils."

He continued, "There is a lack of systems that allow franchise stores to legitimately organize and raise issues with headquarters," and said, "Before strengthening criminal penalties, it is necessary to create legitimate channels that guarantee the formation of such groups."