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Yellow Envelope Act Passed in National Assembly Plenary Session… Labor Minister "Absolutely Cannot Agree"

Lee Jeong-sik, Minister of Employment and Labor, Statement Released
"Violation of Constitution and Civil Law... Encouragement of Illegal Strikes"

"The government can never agree to the amendment bill that ignores the difficulties faced by the people and the anticipated negative impact on labor-management relations."


On the 5th, Lee Jeong-sik, Minister of Employment and Labor, expressed this position at the National Assembly regarding the passage of the Yellow Envelope Act (Amendment to Articles 2 and 3 of the Labor Union and Labor Relations Adjustment Act) solely by the opposition party.


Yellow Envelope Act Passed in National Assembly Plenary Session… Labor Minister "Absolutely Cannot Agree" Lee Jeong-sik, Minister of Employment and Labor Photo by Yonhap News

Minister Lee stated, "The government's position is that instead of insisting on an amendment bill that conflicts with the Constitution, Civil Code, and the overall labor-management legal system, the government, labor, and management, along with both ruling and opposition parties, should jointly consider measures for the majority of workers and labor vulnerable groups." He added, "Once the amendment bill is sent to the government, we will fulfill our responsibilities by considering expert opinions along with the parties involved in labor-management relations and industrial sites that are struggling under difficult conditions."


Earlier, the opposition parties, including the Democratic Party of Korea, passed the Yellow Envelope Act unilaterally on the first day of the extraordinary session of the National Assembly. This bill, which had been vetoed by President Yoon Seok-yeol in the 21st National Assembly and discarded after a re-vote, was reintroduced after the opening of the 22nd National Assembly and passed in the plenary session on this day.


Regarding this, Minister Lee explained, "The amendment bill not only contradicts the basic principles of the Constitution and Civil Code but also expands the scope of labor union strikes while exempting illegal acts, disregarding the majority of labor unions that operate lawfully and the many labor vulnerable groups who do not even receive protection from labor unions. This bill encourages conflicts and illegal strikes in industrial sites."


He continued, "If the amendment bill is implemented, even non-workers such as self-employed individuals could join labor unions and receive special protection under the Labor Union Act, which risks undermining the essence of labor unions. It will become unclear who and what the primary contractors should negotiate with, causing confusion in industrial sites due to indiscriminate negotiation demands."


He also pointed out, "Under the Labor Union Act, employers must bear criminal responsibility if they refuse or neglect collective bargaining, but the amendment bill places them in a situation where they cannot clearly determine whether they are employers, violating the principle of legality and clarity under the Constitution. Furthermore, the small number of specific labor unions responsible for most of the damage compensation lawsuits that sparked the controversy over the amendment will be granted immunity for illegal acts."


Minister Lee emphasized, "The reason the government opposes this is clear," "Amending provisions that affect the entire Labor Union Act without considering related laws, systems, and the realities of labor-management relations, while protecting even illegal acts and thereby intensifying conflicts in industrial sites, not only threatens current jobs but also those of future generations, imposing adverse effects on the public."


© The Asia Business Daily(www.asiae.co.kr). All rights reserved.


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