In a strongly worded decision issued this week the ILO’s Committee on Freedom of
Association (CFA) reminded the Government of the Republic of Korea of its commitment
to ratify two main ILO Conventions. Korea’s promise to ratify ILO Convention 87 (on
freedom of association) and Convention 98 (right to collective bargaining) dates back to
1998.
The CFA expressed its “deep regret” at the Government’s serious and extensive
interference in the activities of the Korean Government Employee’s Union (KGEU). It
asks the Government to “immediately cease all acts of interference, in particular the
forced closure of KGEU offices nationwide, the unilateral discontinuance of the check-off
facility, the disallowance of collective bargaining, the pressure on KGEU members to
resign from the union...”
Referring to the controversial Act on Establishment and Operation of Public Officials’
Trade Unions, which severely limits the rights of public officials to pursue trade union
activities, the CFA called on the Government to ensure that all public servants,
regardless of their grade, tasks or functions, have the right to form their own
associations to defend their interests. The Government was requested to fully guarantee
the autonomy of trade unions of public servants to bargain on behalf of their members.
The CFA added that any restrictions on the right to strike of public servants should be
limited to those employed in delivering essential services in the strict sense of the term.
The CFA also said that the South Korean Government should take rapid steps to
legalise trade union pluralism at enterprise level, so that workers truly have the right to
establish and join the organisation of their own choosing.
Hans Engelberts, General Secretary of the Global Union Federation Public Services
International (PSI), welcomed the CFA’s recommendations: “The Committee has been
examining this case since1995. The South Korean Government should now implement
the Committee’s clear recommendations without further delay. In particular, I hope that
the Government will now recognise the legitimacy of our affiliate, the KGEU, and will
refrain from the acts of intimidation and repression that have so far characterised its
relations with the KGEU”.
Hans Engelberts said that the CFA’s conclusions also called into question the June 12
decision by the OECD Council to terminate the monitoring mandate of the organisation’s
Employment, Labour and Social Affairs Committee on Korean labour law and reform. At
the time of its accession to the OECD, the South Korean Government made a
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”.
The full text of the Committee’s decision is available at:
http://www.ilo.org/public/english/standards/relm/gb/docs/gb299/pdf/gb-4-1.pdf
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