Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Workers' Representatives Convention, 1971 (No. 135) - Republic of Korea (Ratification: 2001)

The Committee takes note of the Government’s first report. The Committee also takes note of the observations communicated by the Federation of Korean Trade Unions (FKTU) along with the Government’s report.

Article 1 of the Convention. Protection of workers’ representatives against anti-union discrimination. The Committee notes that sections 81(1) and (5), 83, 84 and 90 of the Trade Unions and Labour Relations Adjustment Act prohibit acts of anti-union discrimination including dismissals against all workers including trade union officials, and establish a rapid procedure before the Labour Relations Commission for investigating related grievances without delay. The Committee notes that this procedure may lead to an order for remedy under section 84 and the imposition of sanctions upon the employer in the form of imprisonment and fines (section 90). The Committee requests the Government to provide information on the nature of the remedies which may be ordered under section 84 for acts of anti union discrimination against trade union officials and other workers’ representatives and in particular, to indicate whether these remedies include compensation and/or reinstatement or other measures.

Article 2. Facilities to be afforded to workers’ representatives. The Committee notes that sections 24(2) and 81(4) of the Trade Union and Labour Relations Adjustment Act prohibit as an unfair labour practice the payment of wages by the employer to full-time trade union officials, an act which is punished by a fine or imprisonment under section 90 of the Act. In this respect, the Committee takes note of the observations communicated by the FKTU according to which the payment of wages to full-time trade union officials should be left to the union and the employer to determine autonomously. The Committee also takes note of the Supreme Court ruling of 28 May 1991 (No. 6392), cited by the FKTU, according to which: "if a trade union secured a paid exemption from provision of labour for full-time officials of the union as a result of its struggle, then it cannot be deemed to be in infringement of the principle of autonomy of trade unions". Recalling that the Convention requires that facilities in the undertaking are afforded to workers’ representatives in order to enable them to carry out their functions promptly and efficiently, the Committee requests the Government to take all necessary measures so as to amend sections 24(2), 81(4) and 90 of the Trade Union and Labour Relations Adjustment Act in a way which allows the parties to collective bargaining to determine freely the issue of the payment of wages to full-time trade union officials.

Article 5. Measures to ensure that the existence of elected representatives is not used to undermine the position of the trade unions. The Committee notes that under section 6(2) of the Act concerning the Promotion of Worker Participation and Cooperation, the worker members of the Labour-Management Council, who are normally elected by the workers of the undertaking, shall consist of trade union representatives or those recommended by the trade union in cases where the trade union members constitute the majority of workers in the unit. The Committee also notes that according to section 3(1) of the Enforcement Decree of the Act concerning the Promotion of Worker Participation and Cooperation, the worker members of the abovementioned Council shall be elected by secret vote in a business or workplace where a trade union consisting of a majority of workers has failed to be organized. The Committee requests the Government to indicate whether, in cases where the trade union does not represent the majority of workers in a unit, trade union officials have a right to stand for election as worker members of the Labour-Management Council.