Jongno-gu Sends Third Official Letter on 'Compliance with Union Membership Laws'

Jongno-gu New Government Building Bird's-eye View

[Asia Economy Reporter Jong-il Park] Jongno-gu (Mayor Jeong Mun-heon) has confirmed that it sent internal notices three times informing about the 'prohibited scope of labor union membership' and urging compliance with the law.

Jongno-gu requires that when union branch chiefs or other union officials work full-time for the union, they must take a leave of absence according to the law before doing so, and personnel orders have been issued to branch chiefs, causing the union to protest.

Regarding this, Jongno-gu emphasized, "The notices sent by the district office to employees about the scope of labor union membership for public officials are unrelated to the 'union suppression' claimed by the Public Officials Labor Union."

First, the instructions to comply with laws related to the duties of affiliated employees are part of the district's normal exercise of supervisory authority as a duty manager, and the claim by the National Public Officials Labor Union Jongno-gu branch that this constitutes union suppression is inappropriate.

In particular, on November 16 last year, the Ministry of the Interior and Safety and Seoul City issued a notice regarding acts violating the Local Public Officials Act and the Public Officials Labor Union Act related to the National Public Officials Labor Union, warning of strict disciplinary action and legal penalties. The district reissued this notice to employees to prevent legal disadvantages for employees who were not fully aware of the relevant laws and to prevent such issues in advance. The claim that employees who joined the union despite not being eligible are complying with the law and that this constitutes union suppression is not a legitimate activity of a labor union seeking welfare improvement from the employees' perspective.

Furthermore, the Jongno-gu branch added that it hopes the Public Officials Labor Union Act, which stipulates that full-time union officials must take a leave of absence before engaging in union activities, will be promptly complied with so that legitimate union activities can be conducted.

Reference Law

Act on the Establishment and Operation of Labor Unions for Public Officials (Abbreviated: Public Officials Labor Union Act)

Article 6 (Scope of Membership) ① The scope of persons eligible to join a labor union is as follows:

1. General public officials

2. Certain public officials including foreign service consular officers, foreign service information technology officers, firefighters, and education officials (excluding teachers)

3. Specially appointed public officials

4. Persons who were public officials falling under any of items 1 to 3 and are designated by the union's regulations

5. Deleted

② Notwithstanding paragraph 1, the following public officials are not allowed to join a labor union.

1. Public officials whose main duties involve exercising command or supervisory authority over other public officials or overseeing their work

2. Public officials engaged in duties related to personnel, remuneration, or labor relations adjustment and supervision, which are inappropriate for union membership

3. Public officials engaged in correction, investigation, or duties related to public peace and national security

4. Deleted

③ Deleted

④ The scope of public officials under paragraph 2 is determined by Presidential Decree. [Fully revised Mar 17, 2010]

Article 7 (Status of Full-time Union Officials) ① Public officials may engage exclusively in union work with the consent of the appointing authority.

② Those who engage exclusively in union work with such consent [hereinafter referred to as "full-time officials"] must be ordered to take a leave of absence under Article 71 of the National Public Officials Act or Article 63 of the Local Public Officials Act during that period.

③ The state and local governments shall not pay salaries to full-time officials during their full-time period.

④ The state and local governments shall not treat public officials unfavorably in terms of promotion or other status-related matters because they are full-time officials.