Order to Commence Work Issued... Delay Until Effectiveness Due to Difficulty Confirming Service

Officials from the Ministry of Land, Infrastructure and Transport, Seoul City, and the police conducted an on-site investigation to confirm the refusal of transportation at a cement transportation company located in Songpa-gu, Seoul, on the afternoon of the 29th.

The government has issued a work commencement order against the Cargo Solidarity Union for the first time in history, but it is expected to take considerable time to normalize transportation following the order. This is because the delivery of the order will take time, and transport companies and truck owners participating in the strike are expected to avoid receiving the delivery notice as much as possible.

On the 30th, the Ministry of Land, Infrastructure and Transport immediately launched on-site investigations with 76 investigation teams targeting about 200 cement transport companies nationwide and over 2,500 individuals, following the deliberation and resolution of the work commencement order at the Cabinet meeting the previous day. If a violation of the obligation to return to work is confirmed during the on-site investigation, the ministry will send the work commencement order to the transport companies and the individuals involved.

However, it is not easy to identify the companies and individuals subject to the work commencement order. Officials from the Ministry of Land, Infrastructure and Transport, Seoul city, and the police visited a cement transport company A in Songpa-gu, Seoul, around 3 p.m. the previous day to interview company representatives and conduct on-site investigations, but encountered difficulties during the investigation and delivery of the order.

The transport company showed reluctance to provide the investigation team with requested data such as truck owner names, vehicle numbers, transport status, and dispatch orders. Even when asked about strike participation, they did not provide accurate information, and given the situation (such as the strike), they stated that they could not forcibly impose work. After the interview, the investigation team reportedly secured some data on the truck owners’ vehicle numbers and normal dispatch status. Based on this, they plan to verify transport activities, identify those refusing transport, and proceed with legal actions for non-compliance with the order.

The order will first be sent by registered mail to the recipient’s registered address. If a family member or cohabitant other than the recipient receives it, it is considered delivered. If the first delivery attempt fails, the mail is returned, and a second delivery attempt is made. Another method involves placing arbitrary orders with transport companies to identify those refusing transport. If a truck owner contacted by the transport company refuses to transport, they will be identified as subject to the work commencement order and delivery will proceed. If company-level refusal is confirmed, such as no dispatching by the transport company, the order will be delivered to the company. If delivery fails through these procedures, it will be replaced by public notice via the website or official gazette. Public notice delivery is expected to take about one to two weeks.

If the recipient does not return to transport work by 24:00 the day after receiving the order, they will be subject to punishment. Failure to comply with the work commencement order without justifiable reason may result in imprisonment of up to three years or a fine of up to 30 million won. Upon first refusal, a suspension of operation for up to 30 days will be imposed, and upon second refusal, the cargo transport qualification will be revoked, prohibiting truck operation.

However, the Ministry of Land, Infrastructure and Transport plans to accept explanations from truck owners who refuse the order and exempt penalties if there are justifiable reasons. They will analyze the truck owners’ operation records before and after the Cargo Solidarity Union’s collective transport refusal and impose qualification suspensions only if it is judged that the refusal of the order was due to participation in the collective transport refusal.

Meanwhile, the Cargo Solidarity Union reaffirmed its refusal to return to transport, stating, "We will not comply with the unconstitutional work commencement order." They are also considering filing an injunction to invalidate the order.