[2021 National Audit] Head of Courier Agency Association Appeals to National Assembly and Government to "Stop Illegal Union Activities"

October 6 National Assembly Environment and Labor Committee Employment Ministry Audit

Labor Background Im Eui-ja, People Power Party Lawmaker, States "Unions Should Also Be Punished"

Courier Agency Federation President Also Urges "Punishment for Illegal Union Activities"

Kim Jong-cheol, chairman of the National Courier Agency Cooperative Federation, is seen on the afternoon of the 2nd of last month at the National Service Industry Labor Union Federation in Seodaemun-gu, Seoul, delivering a statement from the bereaved family and responding to questions from the press following the Courier Labor Union's announcement of the investigation results into the death of the Gimpo agency owner. (Photo by Yonhap News)

[Sejong=Asia Economy Reporter Moon Chaeseok] Amid the social controversy over the case of a CJ Logistics franchise owner in Gimpo, Gyeonggi Province, who took extreme measures due to harassment by the Delivery Workers' Union under the Korean Confederation of Trade Unions (KCTU), the head of the delivery franchise owners appealed to "thoroughly prevent the union's illegal activities." He called for reform of the system that only punishes illegal activities by employers while unions remain unpunishable.

At the National Assembly Environment and Labor Committee's audit of the Ministry of Employment and Labor held at the Government Complex Sejong on the 6th, there were calls to enable punishment for illegal strike actions by unions. Im Eija, a member of the People Power Party with a labor background, pointed out issues such as ▲ the KCTU's occupation of Hyundai Steel and ▲ the delivery union's chronic holiday strikes, stating, "Unfair labor practices by unions should also be punished (like employers) to maintain balance," adding, "(It will cause an uproar) after the audit, but this is my conviction." In response, Minister of Employment and Labor Ahn Kyung-deok said, "As the member pointed out, I believe that union activities and ways of expressing interests should also change more reasonably to align with public sentiment."

During the subsequent questioning, Im requested Kim Jong-cheol, chairman of the National Cooperative Delivery Franchise Owners Federation, who appeared as a witness, to "frankly discuss support measures that benefit not only franchise owners but also the delivery union and delivery workers." Chairman Kim explained, "Since February last year, we have been trying to conduct normal negotiations for nearly two years, but the delivery union does not engage in substantive negotiations and frequently resorts to wildcat strikes and strikes during holidays, holding customers' goods hostage."

When Im asked, "Generally, when unions try to negotiate, employers often avoid it, but can it be understood that in the case of the delivery union and franchise owners, the union refuses collective bargaining even when the owners try to negotiate?" Kim replied, "Yes, that is the situation," explaining, "The delivery union makes demands that the franchise cannot accept and then tries to bring the head office (CJ Logistics) to the negotiation table to extract demands from the head office." Kim emphasized, "While it is said that employers harass the union, in reality, the union is harassing the franchise owners on site."

Kim's explanation leads to the awareness that this stems from the lack of a system to punish illegal strike actions by unions. The Gimpo franchise owner case is not unrelated to the delivery union pressuring CJ Logistics, the head office of the franchise owner, to respond to collective bargaining so that subcontracted workers can demand wages and working conditions from the head office. In this regard, in June, the Central Labor Relations Commission ruled that "CJ Logistics, the head office, is the actual employer of the delivery workers and has an obligation to negotiate collectively," but recently the Ministry of Employment and Labor rebutted, saying "this is inconsistent with Supreme Court precedents and government administrative interpretations."

Regarding the ongoing controversy, Chairman Kim explained, "The delivery union's strategy to bring the head office to the (collective) bargaining table involves making demands that franchise owners cannot accept from the start, resulting in five years of failed negotiations." When Im asked, "Since the delivery union is an industrial union, isn't it too burdensome for small franchises to resist?" Kim answered, "Yes, that's correct."

Im asked Minister Ahn again, "There is ongoing litigation over who the negotiation parties are among the head office (CJ Logistics), franchise owners, and the union, but what do you think about the proposal to establish a system to punish unfair labor practices by unions?"

Minister Ahn replied, "Even if I have personal thoughts, it is difficult to comment, and since labor-management disagreements are intense, I expect this issue to be discussed at the Economic and Social Labor Council, including this matter. Since legal disputes over the employer status of the head office are ongoing, it is difficult for the Ministry of Employment and Labor to force negotiations, but I believe it is necessary to prepare various negotiation frameworks such as negotiations by each franchise."

Chairman Kim revealed that it is currently impossible even to raise issues about the union's unfair strikes, abuse of rights, and illegal activities. He emphasized that the union's actions clearly violate the Trade Union Act, which defines "legitimate strike actions," and the Constitution, which stipulates "freedom of business and property rights." Kim appealed, "I ask the members of the Environment and Labor Committee present here and the Minister of Employment and Labor to thoroughly prevent illegal union activities."