Delivery of the Order Takes 2 Weeks, Possibility of Avoiding Receipt... Second Negotiation Also in Uncertainty

Delays from Dispatch to Various Sites
On-site Investigation of 2,500 People at 200 Companies
76 Investigation Teams Struggle to Gather Information
Cargo Solidarity Maintains Firm Stance
Ongoing Conflict Raises Concerns Over Prolonged Strike

[Image source=Yonhap News]

[Asia Economy Reporters Minyoung Kim, Dongpyo Kim] "Even when asked, the truck drivers do not accurately disclose whether they will participate in the strike." (A cement transportation company official in Songpa-gu)

At 3 p.m. on the 29th, the first day the work commencement order was issued against those refusing transportation in the cement industry for the first time in history, a government investigation team composed of the Ministry of Land, Infrastructure and Transport (MOLIT), Seoul City, and the police visited a cement transportation company in Songpa-gu, Seoul, to interview company officials and conduct an on-site investigation. However, the transportation company showed reluctance, saying, "Given the situation, we cannot forcibly impose work," causing disruptions in the investigation and delivery of the order.

Seventy-six investigation teams led by MOLIT began on-site investigations to visit about 200 businesses scattered nationwide, identifying lists and addresses of truck drivers and confirming whether transportation was being carried out, but complaints continue to arise in many places. In particular, since the delivery of the order can take up to two weeks and there is a high possibility of evasion of receipt, it is expected to take considerable time before transportation normalizes. Concerns are growing that this strike period will exceed the June strike and become prolonged.

According to MOLIT on the 30th, immediately after the work commencement order was deliberated and approved at the Cabinet meeting the previous day, 76 investigation teams composed of MOLIT, local government officials, and police began on-site investigations of about 200 cement transportation companies and approximately 2,500 transportation workers nationwide. The purpose was to confirm violations of the obligation to return to work and to identify personal information such as phone numbers and addresses of truck drivers subject to the work commencement order.

A MOLIT official said, "Until last night, we visited union offices scattered nationwide to conduct on-site investigations and secured personal information," adding, "We are tallying the number of recipients who have received the order and will complete delivery as soon as possible." The investigation teams delivered the orders by registered mail to truck drivers whose personal information was secured. If the order is not returned, it is considered delivered. In particular, MOLIT plans to deliver the order through public notice on the website and official gazette if truck drivers repeatedly refuse to accept the order. If the transportation work is not resumed by 24:00 the day after receiving the order, the individual will be subject to punishment. Failure to comply with the work commencement order without justifiable reason can result in imprisonment of up to three years or a fine of up to 30 million KRW. Upon first refusal, a suspension of operation for up to 30 days is imposed, and upon second refusal, the qualification for freight transportation is revoked, making it impossible to operate freight vehicles.

However, MOLIT plans to accept explanations from truck drivers who refuse the order and exempt penalties if there are justifiable reasons. After analyzing the driving records of truck drivers before and after the collective transportation refusal by the Cargo Solidarity, penalties such as qualification suspension will be imposed only if it is judged that the refusal of the order is due to participation in the collective transportation refusal. It is expected that this entire process will take at least one to two weeks. In other words, unless a dramatic agreement is reached between the government and the Cargo Solidarity, it may take more than two weeks for all 2,500 target individuals to return to the field under the effect of the work commencement order.

If on-site investigations do not proceed smoothly, the time required may increase further. Moreover, the possibility of reaching an agreement at the second negotiation scheduled for the afternoon is currently slim. Although the government pressured the Cargo Solidarity by issuing the work commencement order the previous day, the Cargo Solidarity has maintained a more hardline stance.

The Cargo Solidarity criticized the government's 'work commencement order' as a 'martial law' imposed on freight workers. The Cargo Solidarity stated, "We will not comply with the unconstitutional work commencement order," expressing refusal to return to transportation work and is even considering filing an injunction to invalidate the order. For the two sides to find common ground, the government needs to present an advanced agreement proposal or the Cargo Solidarity needs to change its stance, but such a mood has not yet been detected. Lee Eung-joo, Director of Education and Publicity at the Cargo Solidarity, said, "Our demands remain unchanged."

The Cargo Solidarity strike, which began on the 24th, has entered its second week. Since both labor and government are taking hardline positions, the second negotiation is likely to end without results. Accordingly, concerns are rising that this strike period will exceed the eight days of the June strike and become prolonged. Minister of the Interior and Safety Lee Sang-min warned, "If cement transportation operators and workers do not return to work without justifiable reasons, they will be subject to the legally prescribed sanctions."