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DESCRIPTION:  Support 11/15/2006 Korean General Strike  \nSolidarity Action At Korean 
 Consulate In SF \n\nFree  Jailed Trade Unionists And Drop Criminal Charges 
 Against Union Leaders and Activists\nEliminate Repressive Anti-Labor 
 Legislation "9-11 Deal"\nStop Gender Discrimination Against Korean Women 
 Workers\n\n\n\n\nNovember 15, 2006   12:00 Noon\n3500 Clay St./Lauel St. SF 
 \n\n\n\n\n\n\nINTERNATIONAL DAY OF ACTION ON NOVEMBER 15th :  CONDEMN 
 GOVERNMENT REPRESSION AGAINST FUNDAMENTAL TRADE UNION RIGHTS IN SOUTH 
 KOREA\n\nGeneral Strike and International Day of Action\nDespite the 
 government repression and the challenges they are facing, the Korean 
 Confederation of Trade Unions is determined to proceed forward. The KCTU 
 has developed and plans to implement a national, comprehensive, strategic 
 campaign to mobilize its 800,000 members against the South Korean 
 government’s repressive efforts to undermine fundamental labour rights in 
 South Korea. KCTU members will be organized and mobilized in full force as 
 their right to exist is once again threatened. The KCTU will launch a 
 General Strike on November 15 and in conjunction with this strike, the KCTU 
 calls on the international community to coordinate a series of actions and 
 events to support their struggle. .   \n    \nSend a protest letter to 
 President Roh Moo Hyun at the Blue House: 82-2-770-1690 (Fax) or e-mail at 
 president@cwd.go.kr  Copies should be sent to the Minister of Labour, 
 Minister Lee Sang-Soo at 82-2-504-6708, 82-2-507-4755 (Fax) or e-mail at 
 m_molab@molab.go.kr. And sent to the Minister of General Administration and 
 Home Affairs, Minister Lee Yong-Sup at 82-2-2100-4001(Fax) \nPlease send 
 copies to the KCTU at 82-2-2635-1134(Fax) or e-mail at inter@kctu.org 
 \nhttp://nodong.org/bbs/zboard.php?id=en_strike\n\n\n\n\n\nEndorsed By San 
 Francisco Labor Council, Transport Workers Solidarity Committee, 
 \nLabornet, Labor Action Coalition, Open World Conference, UK-RMT, Labor 
 Action Coalition, Korean Americans United for Peace\n\nFor more information 
 contact (415)867-0628\nOr To Add Your Endorsement\n\n\n\n\nNo : 34\nDate : 
 2006-10-09 18:18:20\nName : KCTU Hit : 831\nAttach : 920-repressionKGEU.bmp 
 (529554 Bytes)\nTitle: CALL FOR AN INTERNATIONAL DAY OF ACTION ON NOVEMBER 
 15th\n\n\nCALL FOR AN INTERNATIONAL DAY OF ACTION ON NOVEMBER 15th : 
 CONDEMN GOVERNMENT REPRESSION AGAINST FUNDAMENTAL TRADE UNION RIGHTS IN 
 SOUTH KOREA\n\n\nWhen South Korea joined the Organization of Economic and 
 Commercial Development (OECD) in 1996, there was much hoopla and 
 expectations. To the international community it appeared that South Korea 
 was on the brink of shedding is shameful image of dictatorship that 
 undermined democracy and fundamental trade union rights. At the time, South 
 Korea had agreed that it would amend its existing labour legislation in 
 line with existing international labour standards and OECD guidelines. 
 However, ten years later, South Korea has still a long way to go. The 
 recent repressive actions of the South Korean government under the Roh Moon 
 Hyun administration clearly shows that South Korea has failed as an 
 economically developed democratic country in ensuring fundamental trade 
 union rights according to international labour standards.\n\nIn March of 
 this year, the Governing Body of the ILO approved the interim report made 
 by the Committee on Freedom of Association. Apparently, the South Korea 
 case was the longest of outstanding case within the CFA aside from one 
 filed against Columbia. The recommendations raised serious concerns on the 
 government’s repressions against trade unions, specifically the Korean 
 Government Employees Union (KGEU) and the Korean Federation of Construction 
 Industry Trade Unions (KFCITU). However, the government not only has 
 refused to implement these recommendations but more importantly it has 
 chosen to intensify its attacks on the KGEU and the KFCITU, thus, snubbing 
 its "nose" to international labour standards.\n\nAttack against the 
 KGEU\n\nSince 2002, the ILO has called on the South Korean government to 
 recognize the KGEU but the government steadfastly refuses to do so, stating 
 that the KGEU is an illegal organization under the existing labour laws. 
 Despite calls by the international community to change these laws as it 
 violates the core ILO conventions, the government has refused to do so. In 
 a flagrant disregard to these international demands, the South Korean 
 government has once again launched a full fledged attack against the KGEU 
 through a serious of actions, the most blatant being the coordinated forced 
 closure of all local KGEU union offices.\n\nOn Friday, September 22, the 
 government sent in thousands of riot police across the country to use "any 
 means necessary" to shut down the KGEU union offices. The police identified 
 "any means necessary" as using fire extinguishers, fire-fighting dust, 
 hammers, claw hammers, hammer drills, and power saws." Armed with these 
 weapons, riot police and hired thugs forced inside local union offices, 
 using brute force dragged KGEU members and their supporters outside the 
 office, and then finally shutting and sealing the offices like coffins. In 
 the words of a KEGU leader, "more than 100 municipalities nation wide 
 turned into battle fields." By the end of the day out of a total 251 local 
 union offices, 81 were completely shut down. Many were injured and as a 
 result some were hospitalised. Some KGEU members and their supporters were 
 arrested and detained. It is quite clear that the government is determined 
 to do everything in its power to systematically destroy the KGEU.\n\n85 
 KFCITU Members Imprsioned\n\nAcross the country over 100 trade unionists 
 have been imprisoned just for exercising their fundamental trade union 
 rights---right to organize, the right to strike, and the right to bargain. 
 The KFCITU members consists the majority of those in jail due to a series 
 of strikes conducted by KFCITU affiliates, specifically, its Daegu local 
 union, Ulsan local union, and the Pohang local union. Stating that KFCITU 
 members incited violence, caused disturbance of the peace, and coordinated 
 or participated in violent, illegal industrial actions, the government has 
 imprisoned 85 KFCITU members. Much more alarming is the fact the government 
 habitually mobilizes thousands of riot police across the country to 
 forcibly break KFCITU actions and strikes. Despite the fact that the union 
 has legal permits that give them the right to conduct demonstration and 
 marches, the police will often bar them going forward or attempt to shut 
 down the actions. At times, the police violence is extreme resulting in 
 many injuries and in the case of Ha Joong Keun, a tragic death. Brother Ha 
 died from injuries he suffered after several riot police repeatedly beat 
 him on the head with their metal shield. To date, Roh Moo Hyun government 
 has refused to accept full responsibility and call for an end to police 
 violence during industrial actions.\n\nEven though the CFA raised serious 
 concerns in the South Korean government using criminal law to arrest and 
 imprison union leaders and organizers, throughout this summer, the 
 prosecution has once again charged KFCITU organizers for using force, 
 bribery, and extortion. The organizer’s only "crime" has been to recruit 
 and organize construction site workers, one of the most marginalized in 
 South Korean society.\n\n"September 11 Deal"---Legislative Measures to 
 Undermine Labour Rights\n\nOn September 11, the South Korean government 
 announced the "Grand Tripartite Agreement" on the Roadmap for Industrial 
 Relations Reforms. The proposed agreement was negotiated and agreed by the 
 members of the tripartite committee---the Ministry of Labor, the Korean 
 Employer’s Federation, the Korean Chamber of Commerce, the Korean 
 Tripartite Commission and the Federation of Korean Trade Unions (FKTU). 
 However, one of the tripartite members, the Korean Confederation of Trade 
 Unions (KCTU) representing 800,000 members was deliberately excluded from 
 this meeting, as it was not even notified about the meeting itself even 
 though they had been participating in previous meetings.\n\nThis bill, 
 referred to as the "9-11 Deal", falls far short of the original legislative 
 objective of reforming industrial relations and systems in South Korea. The 
 government had publicly stated that the main principles behind their 
 proposal were to "build industrial relations that conform to international 
 standards, form multiple-level social partnership and to establish 
 voluntary industrial relations grounded in both autonomy and 
 responsibility." However, the "9-11 Deal is completely contrary to that 
 goal. The main reason being that once again the government has deferred the 
 existence of multiple unions at the enterprise level for another three 
 years. In doing this, the government has in the words of the 
 ICTFU/TUAC/GUFs mission has taken a "disturbing step backwards."\n\nIn 
 addition, the South Korean government has stated that the new agreement is 
 in line with international standards since it has repealed provisions 
 mandating compulsory arbitration but in reality the government has done the 
 exact opposite, as they have replaced with "essential services" and in fact 
 the government has actually expanded the scope of "essential" public 
 services to include air transport, blood supply, water purification, and 
 steam and hot water supply. Thus, even though even though compulsory 
 arbitration is repealed on paper, workers in the "essential" public 
 services will not be able to truly exercise their right to collective 
 actions.\n\nGeneral Strike and International Day of Action\n\nDespite the 
 government repression and the challenges they are facing, the KCTU is 
 determined to proceed forward. The KCTU has developed and plans to 
 implement a national, comprehensive, strategic campaign to mobilize its 
 800,000 members against the South Korean government’s repressive efforts 
 to undermine fundamental labour rights in South Korea. KCTU members will be 
 organized and mobilized in full force as their right to exist is once again 
 threatened. The KCTU will launch a General Strike on November 15 and in 
 conjunction with this strike, the KCTU calls on the international community 
 to coordinate a series of actions and events to support their struggle. 
 .\n\nWHAT YOU CAN DO\n\nParticipate in the International Day of Action 
 (November 15, 2006) by conducting a demonstration in front of a South 
 Korean embassy or consulate, coordinating a press conference, or issuing. 
 When you plan to organise something on that day, please let us know. We 
 will update your plans on our web-site.\n\nSend a protest letter to 
 President Roh Moo Hyun at the Blue House: 82-2-770-1690 (Fax) or e-mail at 
 president [at] cwd.go.kr\n\nCopies should be sent to the Minister of 
 Labour, Minister Lee Sang-Soo at 82-2-504-6708, 82-2-507-4755 (Fax) or 
 e-mail at m_molab [at] molab.go.kr. And sent to the Minister of General 
 Administration and Home Affairs, Minister Lee Yong-Sup at 
 82-2-2100-4001(Fax)\n\nPlease send copies to the KCTU at 
 82-2-2635-1134(Fax) or e-mail at inter [at] kctu.org\n\nWe will continue to 
 update related information.\n\nIf you have any questions or need more 
 information, please contact:\n\nLee Changgeun\nInternational 
 Director\nKorean Confederation of Trade Unions\nTel.: +82-2-2670-9234 Fax: 
 +82-2-2635-1134\nE-mail: inter [at] kctu.org Web-site : 
 http://kctu.org\n2nd Fl. Daeyoung Bld., 139 Youngdeungpo-2-ga, 
 Youngdeungpo-ku, Seoul 150-032 Korea\n\n\nKorean Confederation of Trade 
 Unions\n2nd Fl. Daeyoung Bld., 139 Youngdeungpo-2-ga, Youngdeungpo-ku, 
 Seoul 150-032 Korea\nTel.: +82-2-2670-9234 Fax: +82-2-2635-1134 E-mail: 
 inter [at] kctu.org http://kctu.org\n\n\nThe Counter Report to the Third 
 Periodic Report of the Republic of Korea Under Article 40 of International 
 Covenant on Civil and Polical Rights\n\nFor the UN Human Rights 
 Committee\n\nOctober, 2006\n\nKorean Confederation of Trade 
 Unions(KCTU)\n\nContents\n\n1. General Information on Basic Labour Rights 
 Situation ---------- 3\n\n2. Problems with the "Grand Tripartite Agreement" 
 for the Advancement of Industrial Relations 
 ------------------------------------ 6\n\n3. ICFTU/TUAC/GUFs Joint Mission 
 to Korea ----------------- 13\n\n4. List of Trade Unionists Imprisoned 
 ----------------------- 20\n\n5. UNION MEMBER DIES DUE TO SEVERE BEATING BY 
 RIOT POLICE --- 25\n\n6. Government Employees’ Basic Labour Rights In 
 Korea -------- 29\n\n7. National Human Rrights Commission of Korea(NHRCK) 
 Recommends Improvements to Gender-Discriminative Hiring of Female KTX 
 Attendants --41\n\n8. Disguised Self-employed Workers in Korea and 
 Violation of Their Right to Work 
 ----------------------------------------------------------- 42\nGeneral 
 Information on Basic Labour Rights Situation\n\nWhen South Korea joined the 
 Organization for Economic Cooperation and Development (OECD) in 1996, there 
 was much hoopla and expectations. To the international community it 
 appeared that South Korea was on the brink of shedding is shameful image of 
 dictatorship that undermined democracy and fundamental trade union rights. 
 At the time, South Korean government committed to "reform existing laws on 
 industrial relations in line with internationally accepted standards, 
 including those concerning basic rights such as freedom of association and 
 collective bargaining." However, ten years later, South Korea has not even 
 come close. The recent repressive actions of the South Korean government 
 under the Roh Moon Hyun administration clearly shows that South Korea has 
 failed as an economically developed democratic country in ensuring 
 fundamental trade union rights according to international labor 
 standards.\n\nIn March of this year, the Committee on Freedom of 
 Association (CFA) of the ILO announced its recommendations in association 
 to trade union rights violations in South Korea. The recommendations raised 
 serious concerns on the government’s repression against trade unions, 
 specifically the Korean Government Employees Union (KGEU) and the Korean 
 Federation of Construction Industry Trade Unions (KFCITU). However, the 
 government not only has refused to implement these recommendations but more 
 importantly it has chosen to intensify its attacks on the KGEU and the 
 KFCITU, thus, snubbing its "nose" to international labor standards. In 
 addition, the government has failed to ensure the fundamental basic rights 
 of irregular (subcontract, part-time, dispatched, "self-employed", etc.) 
 workers, which makes up the majority of the work force in South 
 Korea.\n\nSince 2002, the ILO has called on the South Korean government to 
 recognize the KGEU but the government steadfastly refuses to do so, stating 
 that the KGEU is an illegal organization under the existing labor laws. For 
 a number of years, the international community has called on the South 
 Korean government to change these laws as it violates the core ILO 
 conventions. In a flagrant disregard to these international demands, the 
 South Korean government has once again launched a full fledged attack 
 against the KGEU through a serious of actions, the most blatant being the 
 coordinated forced closure of all local KGEU union offices.\n\nOn Friday, 
 September 22, the government sent in thousands of riot police across the 
 country to use "any means necessary" to shut down the KGEU union offices. 
 The police identified "any means necessary" as using fire extinguishers, 
 fire-fighting dust, hammers, claw hammers, hammer drills, and power saws. 
 Armed with these weapons, riot police and hired thugs forced inside local 
 union offices, dragging KGEU members and their supporters outside the 
 office, and then finally shutting and sealing the offices like coffins. In 
 the words of a KEGU leader, "more than 100 municipalities nation wide 
 turned into battle fields." By the end of the day out of a total 251 local 
 union offices, 81 were completely shut down. Many members were injured and 
 as a result some were hospitalised. Some KGEU members and their supporters 
 were arrested and detained. It is quite clear that the government is 
 determined to do everything in its power to systematically destroy the 
 KGEU.\nAcross the country over 100 trade unionists have been imprisoned 
 just for exercising their three basic fundamental trade union 
 rights---right to organize, the right to strike, and the right to bargain. 
 The KFCITU members comprise the majority of those in jail due to a series 
 of strikes conducted by KFCITU affiliates, specifically the Daegu, Ulsan, 
 and Pohang local unions. Stating that KFCITU members incited violence, 
 caused disturbance of the peace, and coordinated or participated in 
 violent, illegal industrial actions, 49 KFCITU members are still 
 imprisoned. Much more alarming is the fact the government habitually 
 mobilizes thousands of riot police across the country to forcibly break 
 KFCITU actions and strikes. Despite the fact that the union had legal 
 permits that give them the right to conduct demonstration and marches, the 
 police will often bar them going forward or attempt to shut down the 
 actions. At times, the police violence is so extreme that it results in 
 numerous injuries and in the case of Ha Joong Keun, a tragic death. Brother 
 Ha died from injuries he suffered after several riot police repeatedly beat 
 him on the head with their metal shields. To date, government has refused 
 to accept full responsibility for Ha’s death and call for an end to 
 police violence. Instead, the government has alluded that the violent 
 actions of the KFCITU is the reason behind the arrests, injuries, and even 
 death of Ha Joong Keun.\n\nEven though the CFA raised serious concerns 
 about the South Korean government using criminal law to arrest and imprison 
 trade unionists, throughout this summer, the prosecution once again charged 
 KFCITU organizers for using force, bribery, and extortion to sign 
 collective bargaining agreements with construction companies. The union’s 
 only "crime" has been to organize construction site workers, who are one of 
 the most marginalized sectors of South Korean society.\n\nFrom the recent 
 harsh sentencing---imprisonment from two to three years---against the key 
 leaders of the Pohang local union, it is evident that the South Korean 
 government is using the KFCITU as an example to deter construction workers 
 from joining unions. More importantly, many in the labor movement believe 
 the government’s actions is an attempt to stop irregular workers from 
 organizing, as at least 80% of the work force in the construction industry 
 are irregular workers.\n\nIndeed, in the wake of the 1997 Asian Financial 
 Crisis, rapid casualization ensued and irregular workers (contract, 
 dispatch, "specially-employed" [self-employed], and part-time workers) have 
 become the majority of the Korean workforce. Yet in such cases where the 
 employment relationship is disguised, the State has failed to uphold 
 existing labor laws, resulting in the preclusion of this whole class of 
 workers from exercising trade union rights fundamental to all workers 
 (freedom to form a trade union, collective bargaining and collective 
 action). In the metal sector, the Labor Ministry itself has ruled that many 
 of the workers victimized by en masse retaliatory dismissals for organizing 
 a union were victimized by employers using the illegal practice of hiring 
 them as dispatch labor disguised as subcontracting, and that the workers 
 should be regularized; yet, at the time of the ICFTU mission, some 700 
 irregular workers in the metal sector were still struggling for 
 reinstatement after dismissal for having organized a union. For example, 
 the Labor Ministry found that Kiryung Electronics illegally used labor 
 dispatch, but the irregular women workers of Kiryung Electronics are the 
 ones subject to all kinds of physical assault —by thugs privately 
 employed by the employer as well as police violence—fear, imprisonment 
 and intimidation because of their union activities. Further, the president 
 of the union local recently collapsed in the course of a hunger strike 
 during a protest visit to the Labor Ministry; yet, the state intervention 
 in this case has been to imprison the union president, push situations to 
 clashes by mobilizing large forces of riot police and generally shield the 
 employer from obligation to resolve outstanding issues with the union in 
 bargaining. The women workers of the KTX, the high-speed bullet train, have 
 also been subject to such repression of their freedom to organize a union, 
 and here again, we saw state intervention to quickly close in on exercise 
 of fundamental trade union rights.\n\n"September 11 Deal"---Legislative 
 Measures to Undermine Labor Rights\nOn September 11, the South Korean 
 government announced the "Grand Tripartite Agreement" on the Roadmap for 
 Industrial Relations Reforms. The agreement was concluded in an "Emergency 
 Session" of the tripartite representatives meeting, attended by the 
 Ministry of Labor, the Korean Employer’s Federation, the Korean chamber 
 of Commerce, the Korean Tripartite Commission and the Federation of Korean 
 Trade Unions (FKTU). However, one of the tripartite members, the Korean 
 Confederation of Trade Unions (KCTU) representing 800,000 members was 
 deliberately excluded from this meeting. It was not even notified about the 
 meeting even though they had been participating in previous 
 meetings.\n\nThis bill, referred to as the "9-11 Deal", falls far short of 
 the original legislative objective of reforming industrial relations and 
 systems in South Korea. The government had publicly stated that the main 
 principles behind their proposal were to "build industrial relations that 
 conform to international standards." However, the "9-11 Deal is completely 
 contrary to that goal. The main reason being that once again the government 
 has deferred the existence of multiple unions at the enterprise level for 
 another three years. In doing this, the government has in the words of the 
 ICTFU/TUAC/GUFs mission taken a "disturbing step backwards."(Please see the 
 attached related-report)\n\nIn addition, the South Korean government has 
 stated that the new agreement is in line with international standards since 
 it has repealed provisions mandating compulsory arbitration but in reality 
 the government has done the exact opposite, for they have expanded the 
 scope of "essential" public services to include air transport, blood 
 supply, water purification, and steam and hot water supply. Thus, even 
 though compulsory arbitration is repealed, it exists only on paper, as 
 workers in the "essential" public services such as transportation and 
 public health, will be subject to imposition of Emergency Mediation, which 
 includes compulsory arbitration with additional obligations to maintain 
 minimum services as well as the imposition of a replacement workforce. In a 
 nutshell, these workers will be subject to a 3-fold regulation that would 
 effectively cut back on their right to exercise the right to collective 
 actions.\n\n\nProblems with the "Grand Tripartite Agreement" for the 
 Advancement of Industrial Relations\n1. Introduction\n\nOn September 11, 
 the South Korean government announced the "Grand Tripartite Agreement" on 
 the Roadmap for Industrial Relations Reforms. The proposed agreement was 
 negotiated and agreed by the members of the tripartite committee---the 
 Ministry of Labor, the Korean Employer’s Federation, the Korean chamber 
 of Commerce, and the Federation of Korean Trade Unions (FKTU). However, one 
 of the tripartite members, the Koran Confederation of Trade Unions (KCTU) 
 representing 800,000 members was deliberately excluded from this meeting. 
 The KCTU was not even notified about the meeting itself even though they 
 had been participating in previous meetings.\n\nThe unjust and undemocratic 
 "9-11 deal" falls far short of the legislative intention of the original 
 plan to reform industrial relations laws and systems, much less some kind 
 of actual "advancement" in industrial relations. The South Korean 
 government had publicly declared that the main principles behind the 
 original policy to revamp industrial relations were to "build industrial 
 relations that conform to international standards, form multiple-level 
 social partnership and to establish voluntary industrial relations grounded 
 in both autonomy and responsibility."\n\nSince the unjust and undemocratic 
 "9-11 deal" once again defer enterprise-level union pluralism in exchange 
 for postponing prohibition on wage payment to full-time union officers (who 
 have 100% time-off for union activities) and excludes legislative ground to 
 allow institutionalization of industrial-level collective bargaining, it 
 not only fails miserably at constructing a multiple structure for 
 industrial relations but rather consolidates enterprise-level unionism. 
 Furthermore, the "9-11 deal" seriously contravenes the principle of 
 "autonomy with responsibility" in that it introduces excessive legislative 
 intervention regarding the right to strike for workers in the public 
 sector.\n\nThe South Korean government has been most responsible for 
 bringing about these outcomes. In 2003, after the government announced its 
 hastily-constructed "Roadmap of the Advancement of Industrial Relations 
 Laws and Systems," it made no effort whatsoever in making the legislation 
 concrete or specific in light of the realities facing South Korean workers. 
 Instead, the laws simply focused on building the government’s agenda 
 without full consultation and bona fide negotiations with the concerned 
 parties. In light of the government’s manipulation of the situation, 
 critical challenges for decisively reshaping the very future of the South 
 Korean industrial relations shrank from discussions to a mere object of 
 barter.\n\n2. Major Contents of the "9-11 Deal"\n\nThe following is a 
 summary of the most harmful provisions included in the "9-11 Deal".\n\n- 
 Enterprise-level Union Pluralism: extending the prohibition (it was 
 originally to be lifted in 2006) on enterprise-level union pluralism for an 
 additional three years.\n\n- Ban on wage payments to full-time union 
 officers: the current law prohibits wage payment of full-time union 
 officers. The amendment would postpone the implementation for an additional 
 three years.\n\n- Replacement workers at essential public services and 
 compulsory arbitration: In exchange for abolishing compulsory arbitration, 
 the scope of "essential" public services will be broadly expanded, and the 
 replacement workers will be implemented at a full scare. Furthermore, 
 "essential" public services will be now subjected to maintenance of minimum 
 services obligation. Yet because the "emergency mediation" clause, which 
 contains compulsory arbitration, was not repealed, workers in the essential 
 public services shall be subject to a three-fold regulation (replacement 
 work, obligation to maintain "minimum" services, compulsory arbitration 
 under emergency mediation).\n\n- Unfair dismissal: introduction of a 
 monetary compensation system so when workers are unfairly dismissed, 
 instead of the employer reinstating the worker to her/his original position 
 after it has been proven to be an unfair dismal, the employer now only have 
 to pay compensation to the worker. In addition the penal punishment imposed 
 on employers who unfairly dismiss workers has been abolished so now there 
 are no longer any sanctions against employers for unfair dismissals.\n\n- 
 Dismissal for managerial reasons (redundancy dismissal): When employers 
 choose to conduct mass layoffs for managerial reasons, the "prior notice 
 period" has been vastly reduced from 60 days to days due to "labor market 
 flexibility." Because of this, over 90% of the work places are likely to 
 give a notification of 30 days prior to mass dismissal instead of the 
 current 60-days prior notice.\n\n- While these problematic provisions were 
 included, the following items submitted by the KCTU to advance industrial 
 relations were not---institutionalization of industrial-level collective 
 bargaining, ensuring fundamental trade union rights for disguised 
 self-employed worker, government employees, professors, and teachers, and 
 reforming the abuse of damages claims and provisional seizure of assets 
 [punishing strike action] system.\n\n3. Detailed Comparisons\n\n1) 
 Enterprise-level Union Pluralism and Ban on Wage Payment to Full-time Union 
 Officers\n\nThe South Korean government has already postponed the 
 implementation of enterprise-level union pluralism for the last 10 years 
 under the excuse of the prevention of social unrests and the need of 
 preparation period.\n\nOn September 11, the government once again postponed 
 the legislation of union pluralism at the enterprise level for a further 
 three years under the same reasons of preventing social unrest, in exchange 
 for the postponement of ban on wage payment to full-time union officers for 
 the same period. However, the legalization of enterprise-level union 
 pluralism is the very heart of internationally-recognised fundamental trade 
 union rights, which should be implemented immediately. The South Korean 
 tripartite members have been given a long ten years of preparation for this 
 to be a reality.\n\nIt should be noted that there are hardly any other 
 major country in the world that has continuously prohibited union pluralism 
 at the enterprise level through a legislative fiat. Clearly, such 
 prohibitions violate international standards relating to freedom of 
 association specifically as outlines by the ILO conventions.\n\nNot only 
 does deferment of enterprise-level union pluralism seriously restrict the 
 autonomous right to form unions, but it will also have a pronounced effect 
 in blocking fundamental trade union rights for irregular workers and 
 workers at small and medium-sized enterprises. These consequences will 
 undoubtedly stymie efforts to increase the overall union density in South 
 Korea.\n\nIn case of the question of wage payments by employers to fulltime 
 union officers, it is a separate issue thus it should not be connected to 
 union pluralism at the enterprise-level. The ILO’s Committee on Freedom 
 of Association (CFA) have has repeatedly recommended the government to 
 allow workers and employers to conduct free and voluntary negotiations in 
 respect of this matter, rather than to legislate on this issue.\n\nSo the 
 ban on wage payment to union officers by the legislation also falls far 
 short of international standards, and the South Korean government should 
 repeal the related articles, section 24(2) of the TULRAA. However, the 
 South Korean government and the participating concerned parties of the 
 "9-11 Deal" has not challenged this principle but merely postponed it at 
 the sacrifice of fundamental trade union rights including the legalization 
 of union pluralism at the enterprise level.\n\nThe KCTU urges the South 
 Korean government and concerned parties that the question of 
 enterprise-level union pluralism should not be an object of barter for a 
 deal of anything.\n\n\n\n\n1. 340th Report of the Committee on Freedom of 
 Association (March, 2006)\n\n(i) to take rapid steps for the legalization 
 of trade union pluralism at the enterprise level, in full consultation with 
 all social partners concerned, so as to guarantee at all levels the right 
 of workers to establish and join the organization of their own 
 choosing;\n\n(ii) to enable workers and employers to conduct free and 
 voluntary negotiations in respect of the question of payment of wages by 
 employers to full-time union officials;\n\n2. 309th Report of the Committee 
 on Freedom of Association (March, 1998)\n\nThe Committee considers that the 
 prohibition of the payment of full-time union officials by employers is a 
 matter which should not be subject to legislative interference. It 
 therefore calls upon the Government to repeal section 24(2) of the 
 TULRAA.\n\n3. ILO Committee on the Freedom of Association\n\nEven though it 
 may well be in the workers’ interest to have one sole union, compelling 
 union monism by law contravenes article 2 of convention 87. There is a 
 fundamental difference between a situation in which the law enforces union 
 monism and a situation in which workers have composed a single union of 
 their own accord. Direct and indirect intervention by the State--in 
 particular, intervention by the State through the law--cannot be justified 
 by saying that avoidance of contention among multiple unions is 
 advantageous to the realization of workers’ rights and interests.\n\n2) 
 Essential Public Services and Compulsory Arbitration\n\nThe South Korean 
 government has been publicizing itself as having approached international 
 labor standards by repealing provisions mandating compulsory arbitration 
 for essential public services. However, a close look at the specific 
 wording reveals that while the ILO recommended reducing the scope of 
 "essential" public services, the South Korean government has done the 
 reverse and in fact expanded the scope.\n\nWithout reasonable grounding, 
 the "9-11deal" adds the following to the "essential" public services: air 
 transport, blood supply, treatment of waste water and sewage and steam and 
 hot water supply. In addition, the railroad services, the subway and the 
 petroleum sector still remain on the list of "essential" public services, 
 even though the CFA of the ILO, "considers those sectors do not constitute 
 the essential services in the strict sense of the term whose interruption 
 would endanger the life, personal safety or health of the whole or part of 
 the population."\n\nConsequently, even though compulsory arbitration is 
 repealed on paper, workers in the "essential" public services will be 
 subject to imposition of Emergency Mediation, which includes compulsory 
 arbitration with additional obligations to maintain minimum services as 
 well as the imposition of a replacement workforce. In a nutshell, these 
 workers will be subject to a 3-fold regulation that would effectively cut 
 back on their right to exercise the right to collective 
 actions.\n\n\n\n\n1. 327th Report of the Committee on Freedom of 
 Association (March, 2002)\n\n488. Regarding the scope of essential public 
 services, currently listed in section 71(2) of the TULRAA, where the right 
 to strike could be prohibited, the Committee notes with interest that 
 inner-city bus services and banking services were removed from this list as 
 of 1 January 2001. Consequently, the remaining public services where the 
 right to strike could be prohibited include railroad services (including 
 intercity rail), water, electricity, gas supply, oil refinery and supply 
 services, hospital services and telecommunications services. The Committee 
 considers that railroad services, the subway and the petroleum sector which 
 remain on this list do not constitute essential services in the strict 
 sense of the term whose interruption would endanger the life, personal 
 safety or health of the whole or part of the population. They constitute, 
 however, in the circumstances of this case, public services where a minimum 
 service which is negotiated between the trade unions, the employers and the 
 public authorities could be maintained in the event of a strike so as to 
 ensure that the basic needs of the users of these services are satisfied. 
 Noting the Government’s statement that discussions will continue in the 
 Tripartite Commission on further modifying the scope of essential public 
 services in line with ILO principles on freedom of association, the 
 Committee would request the Government to further amend the list of 
 essential public services contained in section 71 of the TULRAA so that the 
 right to strike may be prohibited only in essential services in the strict 
 sense of the term.\n\n2. 340th Report of the Committee on Freedom of 
 Association (March, 2006)\n\n781.-(b) As regards the other legislative 
 aspects of this case, the Committee urges the Government:\n(iii) to amend 
 the list of essential public services in section 71(2) of the Trade Union 
 and Labour Relations Amendment Act (TULRAA) so that the right to strike may 
 be restricted only in essential services in the strict sense of the 
 term;\n\n\n3) Replacement Workforce\n\nThe 9-11 unjust and undemocratic 
 deal takes the position of allowing replacement workforce through new 
 hiring whereas ILO standards protect workers’ right to strike without 
 having to give up their jobs in exchange. Enabling new hiring during a 
 strike makes it difficult for workers to return to their original jobs 
 after a strike, and thus does not conform to international standards.\n\n4) 
 Industrial-level Collective Bargaining\n\nThe "9-11 deal" thoroughly 
 excludes the KCTU proposal relating to institutionalization of industrial 
 union bargaining relations. Transformation of enterprise-level unions to 
 industrial unions has already reached 65.4% in the KCTU; yet, only a tiny 
 number have concluded their collective bargaining agreements through actual 
 industrial-level collective bargaining.\n\nThis forms a striking contrast 
 to the major nations of the West, where there are institutional mechanisms 
 for stable industrial bargaining. Not only does the South Korean labor laws 
 lack legal mechanisms to rein-in employers who evade bargaining 
 responsibilities, but the labor law also defines lawful industrial action 
 so narrowly that industrial actions taken by industrial unions are 
 unprotected.\n\nFurthermore, South Korea is among the worst in collective 
 bargaining agreement coverage among OECD nations; as the scope of coverage 
 stalls at about 10%, which is even lower than the union density of 11%. 
 This is due to the requirements for extending application of industrial 
 agreements to a region are excessively demanding (requiring 2/3 of the 
 workers in that region), extending protections (beyond the enterprise 
 level) is impracticable and there exists no system comparable to 
 internationally recognized ones that extend the efficacy of industrial 
 collective agreements to the industrial level.\n\n5) Government 
 Employees\n\nThe issue of fundamental trade union rights for government 
 employees was likewise completely excluded. The "Act on the Establishment 
 and Operation, etc. of Public Officials’ Trade Unions" came into effect 
 on January 28, 2006. The act, which was supposed to guarantee the trade 
 union rights of government employees, instead severely limits their trade 
 union rights and union activities. Indeed the act was unilaterally 
 legislated by the government without any consultations with government 
 employees unions concerned.\n\nThe KCTU and the KGEU raised the issue on 
 government employees’ trade union rights in the tripartite 
 representatives meetings, and an agreement was made in July between the 
 government and the unions to table the agenda on government employees’ 
 union rights during forthcoming negotiations. Since then, however, no 
 meetings on the issue were held. The Ministry of Government Administration 
 and Home Affairs (MOGAHA) had refused to participate in the negotiating 
 table and furthermore, claimed that the tripartite representatives meeting 
 should not even deal with the issue, contradicting the agreement made in 
 July.\n\nInstead, the government squeezed up the repressive waves against 
 the KGEU, the largest trade union in civil service representing around 
 140,000 government employees.\nDespite the fact that the ILO adopted 
 recommendations on government employees’ trade union rights in March, 
 2006, shortly after, the MOGAHA issued the "Directive to Promote the 
 Transformation of Illegal Organisations into Legal Trade Unions (Voluntary 
 Withdrawal of Membership)" - identifying the KGEU as an illegal 
 organization on the basis that it hasn’t submitted notice of 
 establishment pursuant to the new act. The Ministry also indicated that "no 
 dialogue and collective bargaining will be permitted for the KGEU, "an 
 illegal organization" and instructed all government offices "to force 
 transformation of KGEU locals into a "legal" trade union and to issue 
 orders to "voluntarily" withdraw membership from the KGEU. The Ministry 
 even instructed local governments to threaten the KGEU members that there 
 will be disciplinary actions for failure to comply with the orders. In 
 order to enforce this "transformation", the directive proposed "individual 
 contacts", "home visits", and "telephone calls" to "persuade" the KGEU 
 members and their family members.\n\nThe repression went further. On August 
 3, 2006, the MOGAHA issued another directive that specifically requested 
 that all government offices take firm actions against the KGEU in order to 
 "take thorough countermeasures including forceful closing down of the 
 illegal organizations’ offices nation wide. The Ministry asked "to 
 exclude KGEU members from personnel committees, to actively encourage the 
 KGEU members to withdraw memberships, to prohibit union dues check-off 
 system and to block any financial supports like voluntary contribution or 
 donation to the union."\n\nWhile the ILO Asia Regional Meeting was taking 
 place in Busan, Korea, one of the KGEU local offices was forcefully closed 
 down on August 30. Furthermore, from September 22 to 28, the KGEU local 
 offices nation wide were attacked by riot police and the specially hired 
 thugs to forcefully close the offices down. As of September 28, 2006, 119 
 KGEU offices have been shut down and in many cases the doors to the union 
 offices were sealed off with iron plates or bars. The KGEU members inside 
 the offices were violently pulled out. Dozens of KGEU members and 
 solidarity organization members were arrested and some of them were 
 seriously injured.\n\n\nICFTU/TUAC/GUFs Joint Mission to Korea\nSeptember, 
 2006\n\nThe International Confederation of Free Trade Unions and the Trade 
 Union Advisory Committee to the OECD accepted the invitation of our two 
 Korean affiliates, FKTU and KCTU, to conduct a Fact Finding Mission prior 
 to the 14th ILO Asian Regional Meeting to be held in Busan, Korea. Global 
 Union Federations agreed to be part of the Mission, in close consultation 
 with their respective Korean affiliates.\n\nThe Mission took place on 
 24-26th August 2006 (see programme and participants, appendix 1). 
 Participants wish to thank FKTU and KCTU for the assistance and 
 hospitality. The Mission visited Korea at an important crossroad: after 
 almost one and half years into tripartite negotiations on a "Roadmap" to 
 bring Korean legislation in line with ILO standards, only a few weeks were 
 now left before the deadline established by the Government for finding a 
 tripartite agreement without which it would go ahead and unilaterally 
 propose legislation. Both KCTU and FKTU criticized the government for such 
 a stance since very few meetings had actually taken place at tripartite 
 level. Currently a "High Level Panel" had been established (including both 
 FKTU and KCTU Presidents) and the negotiations were at a crucial 
 phase.\n\nThrough the tripartite process, 23 points had already been 
 agreed, but several critical ones were still unresolved, such as: payment 
 of full time officials, trade union pluralism, compulsory arbitration, 
 compensation for damages, provisional seizure of trade union assets, 
 extension of TUR to fire fighters, redundancy of workers, false 
 self-employment, repressive measures.\n\nThe Mission met with leadership of 
 the FKTU and KCTU and their affiliates as well as with the Minister of 
 Labour. It also visited a number of work sites and saw at first hand the 
 disturbing effects of current Korean labour legislation and state 
 interference, which does not respect fundamental workers’ rights. One of 
 the most striking examples is the recent directive (January 2006) issued by 
 the Ministry of Home Affairs (MOGAHA) to encourage the "voluntary 
 withdrawal of membership" by public officials who are members of the Korean 
 Government Employees Union (KGEU), forced closure of offices for the trade 
 unions that refuse to register under the current severe limitations, 
 criminalization of trade union activities (such as the directive 
 establishing possible prison terms for wearing a vest with trade union 
 insignia during working hours. A visit was made to a prison in Daegu to 
 meet with imprisoned leadership of the local construction workers union, 
 Daegu local union affiliated with the Korean Federation of Construction 
 Industry Trade Unions. These trade unionists were charged with "forcing" 
 construction site managers to sign collective bargaining agreements on 
 behalf of unprotected subcontracted labour and thus "extorting" funds as a 
 result of these agreements. A visit was also made to Kiryung Electronics, 
 where the company discriminated against union members terminating contracts 
 and dismissing members of the union beginning in July 2005 (a case included 
 in a recent ILO complaint filed by the KMWF, KCTU and IMF). Finally, the 
 mission visited the KTX Crew Union, which was entering in the 200 day of 
 strike following the KTX’s (bullet train authority) refusal to enter into 
 negotiation on the block dismissal of many crew workers, all of them 
 women.\nThe central recommendation of the mission was that it is essential 
 that the Korean government reform labour legislation to bring it into line 
 with the ILO jurisprudence on core labour rights as repeatedly and 
 unanimously recommended by the ILO Committee on Freedom of Association, the 
 last time at its March 2006 sitting.\n\nIt is worth noting that the Korean 
 case No. 1865 (1995) is now the second longest running ILO Freedom of 
 Association Case after the Colombia Case No. 1787 (1994). The members of 
 the Mission called for a halt to the repression and imprisonment of trade 
 unionists most notably in the public sector and construction sector that 
 have accelerated during the course of 2006. The mission hoped that rapid 
 conclusion can be reached on the outstanding items in the Road Map that 
 would bring Korean legislation into line with freedom of association 
 principles and urged that the tripartite process and cooperation between 
 the FKTU and the KCTU be strengthened. The mission called on the OECD to 
 reinforce this message in its discussion with the Korean government 
 particularly in the light of the occasion of the tenth anniversary of 
 Korea’s membership of the organisation and the up-coming monitoring round 
 of Korean labour legislation by the OECD Employment Committee (ELSAC) 
 .\n\nKorea joined the ILO on 9 December 1991 and the OECD in 1996: since 
 then ICFTU, TUAC and other Global Union partners have worked with their 
 Korean affiliates – the FKTU and the KCTU - to support efforts to bring 
 the labour law in Korea in line with internationally recognised standards 
 on freedom of association and collective bargaining to allow all workers to 
 form and join trade unions of their own choosing.\n\nOn joining the OECD in 
 1996 the Korean authorities made the commitment "to reform existing laws on 
 industrial relations in line with internationally accepted standards, 
 including those concerning basic rights such as freedom of association and 
 collective bargaining". Following the moves by the then government in the 
 opposite direction in January 1997 and subsequent concerns expressed by the 
 ILO, TUAC and a number of OECD member countries, the OECD Council 
 instructed the Committee for Employment, Labour and Social Affairs (ELSAC), 
 to "monitor closely the progress made on labour reforms in the light of 
 that commitment". That process has continued to date.\n\nIt would be unfair 
 not to recognize that steps forward have taken place. It is clear that the 
 continuous attention of the ILO CFA and the OECD monitoring procedure have 
 been important elements in the process of generating peer-group pressure 
 that resulted in progress being made in reforming Korean labour law in line 
 with international standards in the period 1998-1999. This is notably true 
 with regard to the improvement of trade union rights in July 1999 and the 
 legalisation of the KCTU later in the same year as well as the legalisation 
 of educational unions and the partial reform of the law on third party 
 intervention.\n\nHowever since the completion of the 2000 OECD Labour 
 Market Review on Korea, successive Korean governments have failed to make 
 significant progress towards bringing "legislation in line with 
 internationally accepted standards". The current labour legislation and 
 government practice to criminalise trade union activity remain the subject 
 of repeated criticism by national and international trade union 
 organisations as well as by the ILO for failing to guarantee basic trade 
 union rights to all workers.\n\nRecent Developments\n\nIn the Roadmap for 
 industrial relations reform published in 2004 the government indicated the 
 steps it intended to take to further reform labour law and in principle 
 address some although not all of the above issues.\n\nAlthough tripartite 
 discussions have advanced on the Road Map during the summer of 2006, there 
 has been a significant repression by the Ministry of Home Affairs (MOGAHA) 
 of the largest of the civil servants freely chosen unions – the Korean 
 Government Employees Union – the KGEU.\n\nThe pressure on public sector 
 workers is enormous: members of KGEU and their families often receive 
 personal telephone calls at home outside working hours in order to 
 disaffiliate from the union. Local authorities that would not want to 
 impose restriction on organizing are kept under the threat of not receiving 
 public funds. The strategy of intimidation, not surprisingly, is having an 
 effect: for example, the Kyunggido branch (Provincial authority) of the 
 KGEU which we visited has now 400 members compared to 1,167 at the 
 beginning of 2006. It is important to reiterate that, in this example as 
 for many others, this local union had been organized since the year 2000, 
 when workers’ councils were established. In 2002 when the KGEU was 
 launched, out of 1,400 eligible workers at the work site, 800 joined the 
 union, with the membership subsequently growing.\n\nThe Mission also 
 visited the KGEU branch of the Rural Development Administration, a research 
 agency that is considered by the government as "essential sector". Again 
 the information was that the union had been able to conduct peaceful 
 negotiations in the past years (out of 1,300 eligible workers, 1,000 were 
 members) but since May 7 members had been dismissed for having demanded 
 negotiation on the issue of promotions (it should be recalled that local 
 unions have no power to negotiate salaries – wages are decided 
 unilaterally by the central government – but can negotiate bonuses or 
 incentives). While the visit was conducted in the union’s facilities 
 inside the RDA, we were informed that the facility would have been sealed 
 on August 31st (the same letter has been received by unions in over 250 
 institutions).\n\nThe issue of the informalisation of the economy (the 
 Korean informal sector is the largest among OECD countries and growing) was 
 also at the centre of our Mission. One labour leader effectively put the 
 issue in the right terms: "the government tells us that we do not represent 
 informal sector workers, but when we decide to organize them we are 
 immediately criminalised". This was particularly visible in the 
 construction sector, which has recently experienced a surge of more than 
 one hundred trade union activists in the construction sector jailed for 
 seeking to exercise what in other countries would be normal trade union 
 activities – namely collective bargaining with main building 
 contractors.\nThe trade union leaders we met in jail had tried to reach a 
 collective bargaining agreement with a subcontractor. He was in prison 
 awaiting trial most probably facing a two-year in jail for charges that 
 included obstruction of business, assembly, extortion, blackmail. The most 
 serious charges defined collective bargaining with main contractors on 
 behalf of sub-contract workers as extortion. The contractors had come to 
 the table and were ready to negotiate, but the prosecutors charged the 
 unions with criminal conduct. While many lawyers of sub-contractors make 
 the bargaining situation difficult per se, it is a fact that for the time 
 being in Korea collective bargaining in the construction sector is 
 currently carried out in more than 10 districts in the country. The more 
 this sector has become profitable, the more the government is squeezing 
 workers’ rights. It was felt that while in the ‘80s and ‘90s the 
 situation had steadily improved, now workers are going backwards in the 
 construction sector, but also in metalworking and other sectors. Estimates 
 state that 60-70% of the total Korean workforce is irregular workers 
 (non-permanent, part-time, contract, sub-contract and "dispatched" 
 workers).\n\nIt should be noted that of the more than 2 million workers in 
 the construction industry, 80% are irregular workers. Working conditions 
 faced by irregular workers in the construction industry are horrendous: at 
 least two workers die as a result of an accident per construction site. The 
 majority of workers work 12 hours a day, 7 days a week with no suitable 
 facilities, medical benefits, vacation or overtime paid. The system of 
 payment is such that workers are not paid until at least one or two months 
 after they have completed work. Nevertheless, construction unions have been 
 actively trying to organize workers in the construction industry. If unions 
 are capable to organize them, then there are no excuses for not bargaining 
 better working conditions for all, hence the heavy repression towards the 
 unions. This took a tragic turn during August 2006 with the death of Ha 
 Jeung Koon, a member of the Pohang local union of the KFCITU who died of 
 severe beating by riot police during one of the demonstrations organized by 
 the union. It is important to recall that another worker, Kim Tae-hwan, the 
 chair of FKTU's Chungju regional chapter, was killed on 14 June 2005 when 
 he was run over by a cement truck while on the picket line in front of the 
 Sajo Remicon cement factory: the fact that lead to the one year delay in 
 holding the ILO Regional meeting.\n\nThe Mission was able to meet Mr. Lee, 
 Minister of Labour of Korea (riot police were called at the entrance of the 
 MoL when we entered the compound). In May 2006 the MoL had issued a press 
 statement calling the recommendations of the ILO CFA "incautious and 
 inconsistent" and "beyond the ILO’s powers". Our first question was for 
 an explanation: the Minister spoke about "misunderstandings". He spoke of a 
 difficult phase that MoL was not alone in taking decisions. He also 
 candidly admitted that Korea was not able to ratify ILO C. 105 since trade 
 unionists can be sent to prison under the current criminal law, so the 
 ratification has to wait. While he was adamant that the government had no 
 intention to give the right of collective action to public workers, he 
 recognized MoL rulings on the use of illegally dispatched workers in the 
 metalworking sector, though on the remedy of regularizing these workers he 
 pointed to conflicting opinions between MoL and prosecutors, eventually 
 hiding behind the independence of powers ("it is quite difficult for the 
 government to challenge the judicial once the court has adopted a 
 ruling"…. he did not admit that if the government would change the 
 legislation to bring it into line with ILO standards, the judiciary could 
 easily issue different ruling).\n\nSubsequent visits to other unions 
 confirmed the growing precarisation of the workforce and the attempts to 
 weaken the collective representation by the labour movement. The Korean 
 government and employers at the last ILC spoke about the idea to introduce 
 legislation that would further flexibilize the labour market, through a 
 bill on selfemployment which would further reduce labour protection (out of 
 8 estimated million irregular workers, 2 million are self-employed: the 
 classic example is the one of truck drivers, who were all permanent 
 employees up to the early ‘90s when they suddenly became self-employed, 
 even if the contractors decide everything from hours of work, wages, 
 etc).\n\nConclusion of the ICFTU/TUAC/Global Union Federation 
 Mission\n\nThe mission was deeply concerned over the worsening labour 
 situation in Korea where serious violations of workers and trade union 
 rights are taking place. The violence perpetrated against workers involved 
 in peaceful rallies and demonstrations to uphold their fundamental rights 
 and improve their wages and working conditions is of deep concern. Such 
 aggression had caused the deaths of two workers and injuries to many others 
 and led in recent months to the imprisonment of more than one hundred 
 unionists. The mission called for the immediate release of detained trade 
 unionists.\n\nThe mission also strongly condemned the violation of public 
 servants’ right to freedom of association with the forced closure of many 
 union offices that has accelerated during the course of 2006. It urged the 
 government of Korea to honour and respect workers’ rights as embodied 
 under the ILO core labour standards and its commitment given to the OECD in 
 1996.\n\nRecalling the Conclusions adopted by the ILO Committee on Freedom 
 of Association at its March 2006 sitting, the mission strongly urged the 
 Korean government to make the following changes in its labour 
 legislation:\n\nFully guarantee the rights of public employees by:\n(i) 
 ensuring that all public servants including those at Grade 5 or higher have 
 the right to form their own associations and not to define this category of 
 staff so broadly as to weaken the organizations of other public 
 employees;\n(ii) guaranteeing the right of firefighters to establish and 
 join organizations of their own choosing;\n(iii) limiting any restrictions 
 of public servants’ right to strike only to those who are in the 
 essential services as defined by the ILO;\n(iv) reversing the order to 
 close down offices of public employees’ unions that have exercised their 
 fundamental right to establish organizations of their own choosing for 
 several years already.\n\nIn respect of all workers, the mission also urged 
 the Government:\n(i) to take rapid steps for the legalization of trade 
 union pluralism at the enterprise level so as to guarantee at all levels 
 the right of workers to establish and join the organization of their own 
 choosing;\n(ii) to allow workers and employers to conduct free and 
 voluntary negotiations in respect of the question of payment of wages by 
 employers to full-time union officials, rather than to legislate on this 
 issue;\n(iii) to amend the list of essential public services in the Trade 
 Union and Labour Relations Amendment Act (TULRAA) so that the right to 
 strike may be restricted only in essential services in the strict sense of 
 the term;\n(iv) to repeal the notification requirement and the heavy 
 penalties, including imprisonment, for exercising the fundamental right of 
 collective bargaining;\n(v) to repeal the provisions prohibiting dismissed 
 and unemployed workers from keeping their union membership and making 
 non-union members ineligible to stand for trade union office;\n(vi) to 
 immediately bring section 314 of the Penal Code (obstruction of business) 
 in line with freedom of association principles, ensuring that 
 investigations will not include detention for workers that have tried to 
 exercise their fundamental rights;\n(vii) to refrain from any act of 
 interference in the activities of FKTU and KCTU, such as violent police 
 intervention in rallies, injury of trade unionists, intimidation and 
 harassment of trade union leaders and members;\n(viii) to issue appropriate 
 instructions so that all actions of intimidation and harassment against the 
 unions officials cease immediately, to review all convictions and prison 
 sentences, and to compensate officials for any damages suffered as a result 
 of their prosecution, detention and imprisonment;\n(ix) to promote 
 recognition that collective agreements negotiated with main contractors can 
 apply to all workers including those hired by subcontractors.\n\nThe 
 mission urged the Government of Korea to finalise the "roadmap" in full 
 consultation and bona fide negotiation with FKTU and KCTU in order to 
 positively and promptly address the above issues.\n\nThe mission called for 
 the prompt establishment of an independent Commission of Inquiry on the 
 recent deaths of two construction workers and for the release of all 
 unionists who are currently detained simply for having exercised their 
 fundamental rights.\n\nIt urged the government to refrain from the heavy 
 use of the "riot police" in dealing with industrial relation matters, since 
 the climate of intimidation and confrontation fuelled by this menacing 
 presence is not conducive to the peaceful resolution of outstanding 
 matters.\n\nIt also urged ILO and OECD to take all the appropriate steps to 
 assist FKTU and KCTU in their legitimate claim to uphold workers’ rights 
 in Korea:\n- the International Labour Office should provide technical 
 assistance in redrafting current legislation;\n- the ILO Committee on 
 Freedom of Association and the OECD ELSA Committeee should send a mission 
 to Korea to reinforce their respective monitoring process.\n\nFinally the 
 Mission urged the international labour movement to renew international 
 solidarity and focus on the Korean situation.\n\nThese conclusions were 
 also supported in a statement issued by the ILO workers group attending the 
 ARM on 30 August.\n\nImmediately after the Asian Regional Meeting, the 
 government decided to table legislation postponing the commitment to 
 multiple unions at company level for a further three years. The members of 
 the Mission consider that this decision, even though it came out of a 
 negotiating situation, represents a disturbing step backwards from freedom 
 of association as defined by the ILO.\n\nHence, we reiterate the need for 
 the Korean government to promptly amend legislation in order to fully 
 adhere to the recommendations of the ILO Committee on Freedom of 
 Association and to give immediate and constructive answers to all the 
 points raised in the Conclusions of the ICFTU/TUAC/GUFs Fact Finding 
 Mission of August 2006.\n\nAnna Biondi, Director ICFTU Geneva Office, 
 Secretary ILO Workers’ Group\nJohn Evans, General Secretary 
 OECD-TUAC\nSubramaniam Kandiah, Director ICFTU-APRO\nBalan Nair, General 
 Secretary BWI_APRO\nKatsuhiko Sato, General Secretary PSI-APRO\nRon Blum, 
 Director IMF Automobile Section\nGovernment Suppression against the Trade 
 Union Activities\nList of Trade Unionists Imprisoned (As of September, 
 2006)\n\nNo. Name Union Title Charge/Incident Legal Status\n1. Yoo Ki Soo 
 KFCITU General Secretary Protest Against the Death of Ha Joong Keun Rally 
 Undergoing Trial\n2. Lee Young Rok Kyonggido Local Union, KFCITU General 
 Secretary Extortion/Bribery Regarding signing of CBAs Undergoing Trial\n3. 
 Kim Jong Deuk Kyonggido Local Union, KFCITU Union Member Extortion/Bribery 
 Regarding signing of CBAs Undergoing Trial\n4. Cho Joon Haeng Kyonggido 
 Local Union, KFCITU Vice President Extortion/Bribery Regarding signing of 
 CBAs Undergoing Trial\n5. Lee Kwang Il Kyonggido Local Union, KFCITU 
 Previous President Extortion/Bribery Regarding signing of CBAs Undergoing 
 Trial\n6. Moon Jung Yu Daegu Local Union, KFCITU Organizing Team Leader 
 Daegu Local Union General Strike (June, 2006) Undergoing Trial\n7. Oh Sang 
 Yong Daegu Local Union, KFCITU General Secretary Daegu Local Union General 
 Strike (June 2006) Undergoing Trial\n8. Kim Eun Soo Daegu Local Union, 
 KFCITU First Vice President Daegu Local Union General Strike (June 2006) 
 Undergoing Trial\n9. Sin Hyun Beum Daegu Local Union, KFCITU Branch 
 Director Daegu Local Union General Strike (June 2006) Undergoing Trial\n10. 
 Cho Ki Hyun Daegu Local Union, KFCITU President Daegu Local Union General 
 Strike (June 2006) Undergoing Trial\n11. Lee Kil Yu Daegu Local Union, 
 KFCITU Vice President Daegu Local Union General Strike (June 2006) 
 Undergoing Trial\n12. Lee Seung Yu Daegu Local Union, KFCITU Vice President 
 Daegu Local Union General Strike (June 2006) Undergoing Trial\n13. Moon 
 Kang Ho Daegu Local Union, KFCITU Branch Director Daegu Local Union General 
 Strike (June 2006) Undergoing Trial\n14. Jang Ok Ki Dump Truck Drivers 
 Local, KFCITU Branch Director Dump Truck Drivers General Strike (April, 
 2006) Undergoing Trial\n15. Park Hae Wook Ulsan Local Union, KFCITU 
 President Daegu Local Union General Strike (June 2006) Imprisonment. 
 2\nyears & 6 months\n16. Choi Seuk Young Ulsan Local Union, KFCITU Union 
 Delegate Daegu Local Union General Strike (June 2006) Imprisonment. 2 years 
 & 6 months\n17. Kang Sang Kyu Ulsan Local Union, KFCITU Union Member Daegu 
 Local Union General Strike (June 2006) Imprisonment. 1 year & 6 
 months.\n18. Lee Moon Hee Ulsan Local Union, KFCITU Vice-Team Leader Daegu 
 Local Union General Strike (June 2006) Imprisonment. 1 year & 6 
 months.\n19. Lee Ok Seun Choongnam Local Union, KFCITU Organizing Director 
 Extortion/Bribery Regarding signing of CBAs Undergoing Trial\n20 Ha Dong 
 Hyun Choongnam Local Union, KFCITU President Extortion/Bribery Regardin 
 \n\n\n\n \n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n 
 https://www.indybay.org/newsitems/2006/11/14/18329640.php
SUMMARY:SF: Support Korean Workers General Strike-Free The Jailed Trade Unionists
LOCATION:3500 Clay St/Laurel\nSan Francisco
URL:https://www.indybay.org/newsitems/2006/11/14/18329640.php
DTSTART:20061115T080000Z
DTEND:20061115T090000Z
END:VEVENT
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