[Column] Unfair Orders Aren't the Only Power Abuse... Measures Needed Against 'Apartment Employment Power Abuse'

One day last fall, I received a call from an unknown number. It was a security guard informing me that tree trimming was scheduled within the apartment complex and requesting that I move my parked car. After parking, he, whom I was somewhat familiar with, spoke to me for the first time. "Are you a reporter? I saw your business card on the vehicle." He immediately continued, "I used to be a reporter in my younger days. I wanted to say hello." In conversation, I learned that the security guard, who appeared to be around seventy years old, was a former journalist for a well-known current affairs weekly magazine. That brief chat remains almost my last memory of him. I have not seen him again this year.

The memory resurfaced recently when I received a tip. The residents' representative committee of an apartment complex in Guro-gu, Seoul, expressed their intention to renew the contract with cleaning service company A in February. However, the condition was to replace the janitors who had accrued annual leave after completing one year of service. The replacement target included seven janitors, all in their 60s. Ultimately, the contract renewal failed, and the apartment management issued a bidding notice to select a new management company. When the apartment management included a clause in the notice holding only company A responsible for the 'annual leave allowance costs,' Guro District Office issued a corrective order, creating an awkward situation. This was interpreted as because, if re-contracted with company A, the employment of the currently working janitors would continue, resulting in accrued annual leave. Although it may seem unfair at first glance, there is no illegality. It is a rational choice to minimize costs. Local governments and the Ministry of Employment and Labor also hold the position that the party responsible for burdens such as annual leave allowances should be determined through mutual coordination. A labor attorney also diagnosed, "It looks like abuse of power, but it is not illegal."

Apartment management workers often face various forms of unfair treatment. On the 19th, a resident who verbally abused and exerted power over an apartment security guard for years was sentenced to a suspended prison term in the first trial. Currently, a bill to amend the Apartment Housing Management Act to prevent abuse of power in apartments has been proposed in the National Assembly. The main point is to impose a fine of up to 5 million won on residents who give unfair orders to workers such as security guards.

While it is welcome that measures are being taken, there is a blind spot in that it is limited to abuse by residents. Apartment workers suffer not only from verbal abuse and threats but also from 'employment abuse.' Direct employment or strengthening regulations may not be the answer. There are concerns that it could increase market rigidity and block entry for new job seekers. However, at least providing ordinances or guidelines such as prior notice of contract renewal decisions or recognizing employment succession even if the management company changes should be considered.