[News Terms] What Is the Work Commencement Order Issued for the Hwamyul Solidarity Strike?

On the afternoon of the 29th, the sixth day of the Cargo Solidarity strike, cement transport vehicles (bulk cement trailers, BCT) were stopped at a cement company in Uiwang-si, Gyeonggi-do. / Photo by Yonhap News

On the 29th, the government issued a work commencement order against the Public Transport Workers' Union Cargo Solidarity Headquarters (Cargo Solidarity), which launched its second strike this year demanding the expansion of the Safe Freight Rate System. This system was legislated by the Roh Moo-hyun administration in 2004 following two general strikes by the Cargo Solidarity in 2003, and this is the first time it has actually been enforced.

Legislated During Roh Moo-hyun Administration... First Enforcement in 18 Years

The work commencement order can be issued by the Minister of Land, Infrastructure and Transport if transport operators or workers collectively refuse freight transport without just cause, causing significant damage to the national economy. To issue the order, it must be reviewed by the State Council, and the specific reasons and countermeasures for the order must be reported to the standing committee of the National Assembly.

If operators disobey the order, they may face sanctions including suspension or cancellation of freight transport qualifications for up to six months, and penalties of imprisonment for up to three years or fines up to 30 million won.

Freight Truck Operation Commencement Order

The work commencement order was legislated with the partial amendment of the Freight Truck Transport Business Act during the Roh Moo-hyun administration in 2004. The Cargo Solidarity carried out two general strikes in May and August 2003, which caused significant damage such as the paralysis of Busan Port, prompting the introduction of this system.

Over the past 18 years, the Cargo Solidarity has launched several strikes, but this is the first time a work commencement order has been enforced in response. However, there have been cases of enforcement in the medical sector. In 2020, when residents and fellows went on strike opposing the expansion of medical school quotas and the establishment of a public medical school, the Minister of Health and Welfare issued a work commencement order under the Medical Service Act.

Order Delivered to Thousands of Transport Workers... Cargo Solidarity Plans Injunction as Countermeasure

The work commencement order is delivered in writing to operators or workers refusing transport. Those who receive the order must withdraw their refusal and return to work by 24:00 the following day to avoid sanctions.

According to the Ministry of Land, Infrastructure and Transport, the order targets transport workers in the cement sector expected to be affected by the general strike, estimated to be about 2,700 people. The ministry is reported to have already secured many of their addresses and contact details to promptly deliver the orders.

Meanwhile, the Cargo Solidarity strongly opposed the government's issuance of the work commencement order, calling it an "order equivalent to martial law," and announced plans for legal action. In a statement on the 29th, the Cargo Solidarity said, "The government's work commencement order lacks legitimacy in all aspects including requirements and grounds. We will consider filing an injunction to nullify the unfair enforcement order."