[News Terms] Work Commencement Order, Violation of International Law...? What is the 'ILO Convention'?

On the 29th, when the government issued a work commencement order against the general strike by the Cargo Solidarity Headquarters of the Public Transport Union of the Korean Confederation of Trade Unions, members of the Cargo Solidarity Seoul-Gyeonggi Regional Headquarters held a rally at the Inland Container Depot (ICD) in Uiwang-si, Gyeonggi Province, shouting slogans condemning the order. / Uiwang = Photo by Kim Hyun-min kimhyun81@

International Labour Organization (ILO) logo. / Screenshot from the ILO website

[Asia Economy Reporter Kang Juhee] As the International Labour Organization (ILO) has sent an official letter to the government requesting opinions regarding the work commencement order, the debate between the government and opposition parties over whether this constitutes a 'violation of international law' is intensifying.

The ILO, a United Nations (UN) affiliated agency, is an international organization specializing in labor issues established in 1919. The ILO conventions refer to the universal labor standards created by the ILO to guarantee the minimum rights of workers.

The core ILO conventions consist of eight conventions in four areas: △ freedom of association △ prohibition of forced labor △ prohibition of discrimination △ prohibition of child labor. South Korea is an ILO member state that has ratified seven out of the eight conventions.

The labor sector interprets this request for opinion from the ILO as an 'intervention' to determine whether the government has violated the conventions. On the other hand, the government interprets it as merely a 'simple inquiry,' leading to differing interpretations.

ILO Requests Opinion from Government... Divergent Interpretations: 'Convention Violation, Political Pressure' vs. 'Simple Inquiry'

The Cargo Solidarity Union claims that the government's issuance of the work commencement order violates ILO Convention No. 87, "Freedom of Association and Protection of the Right to Organize," and Convention No. 29, "Forced Labour Convention." They argue that the government is infringing on workers' legitimate right to strike, threatening them with criminal penalties such as the work commencement order, and forcing labor. The Cargo Solidarity Union requested intervention from the ILO on the 28th of last month, and the ILO sent a related official letter to the Ministry of Employment and Labor (MOEL) five days later, on the 2nd of this month.

The government acknowledges that the ILO requested opinions but maintains that it is merely a simple inquiry. On the 5th, MOEL released explanatory materials stating, "The Secretariat's intervention procedure is not an official supervisory procedure based on regulations such as the ILO Charter, decisions of the General Assembly, or the Board of Directors," and explained, "When labor or management raises an issue, this procedure is to convey the facts to the relevant government and confirm opinions." MOEL also emphasized that the ILO has made a total of 12 opinion inquiries to the Korean government since 2010, indicating that this is a routine procedure.

On the afternoon of the 2nd, marking the 9th day of the Cargo Solidarity General Strike, a Cargo Solidarity All-Out Struggle Rally was held in front of the main gate of Kumho Tire Gwangju Plant in Gwangsan-gu, Gwangju.
[Image source=Yonhap News]

In particular, Convention No. 29 stipulates exceptions to forced labor in cases of △ war or disasters △ situations threatening the survival or well-being of all or part of the population, and the government judges that the Cargo Solidarity Union's strike falls under these exceptions. MOEL stated, "Considering that the collective refusal of transportation could have a serious impact on the national economy and endanger the lives, health, and safety of the people, we will actively convey to the ILO Secretariat that the work commencement order was inevitably issued."

ILO Recommendations Are Not Binding... Legality to Be Determined by Courts

The contentious Conventions No. 87 and No. 29 were ratified by the government in February last year and came into effect in April this year. These conventions have the same effect as domestic law. When ILO conventions conflict with domestic law, the conventions take precedence according to the 'principle of priority of new law' and 'principle of priority of special law.'

However, since interpretations of the detailed contents of the ILO conventions differ between the Cargo Solidarity Union and the government, the question of legality will ultimately be decided by the courts. On the 5th, the Cargo Solidarity Union filed an administrative lawsuit at the Seoul Administrative Court against the Minister of Land, Infrastructure and Transport, requesting the cancellation of the work commencement order.

If the ILO's recommendations are not implemented, the ILO Board of Directors may form an investigative committee to examine the matter and, if problems are found, request the General Assembly to take necessary measures. The ILO's recommendations are, as the name suggests, recommendations and do not have binding force. However, since South Korea is a country that has ratified the ILO conventions, failure to implement them may lead to criticism from the international community.

Professor Jang Youngsoo of Korea University Law School said, "ILO conventions have the same effect as domestic laws, but ultimately it is a matter of how the laws are interpreted," adding, "The issue is whether the work commencement order is considered forced labor or whether the transport refusal by truck owners, who are special employment workers, is regarded as a legitimate strike."