Report in which the committee requests to be kept informed of development - Report No 291, November 1993

Case No 1629 (Republic of Korea) - Complaint date: 18-MAR-92 - Closed

1. 395. The Committee already examined the substance of this case at its February 1993 meeting when it presented an interim report to the Governing Body (see 286th Report, paras. 514-575, approved by the Governing Body at its 255th Session (March 1993)). The International Confederation of Free Trade Unions (ICFTU) and the Korea Trade Union Congress (KTUC) supplied information in communications dated 20 September and 14 October 1993 respectively.
2. 396. The Government supplied further observations on the case in a communication dated 30 April 1993.
3. 397. Korea has not ratified the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), or the Right to Organize and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 398. The complainants presented allegations of violations of trade union rights of both a legislative and factual nature against the Government of Korea. First of all, they alleged that Korean labour law restricted the right of workers to form organizations of their own choosing (in particular section 3(5) of the Trade Union Law), the right of public servants to organize (section 8(1) of that Law and section 66 of the National Public Officials Act), the right of private school teachers to unionize (section 58 of the Private School Act), the right of public servants to engage in collective action (section 66 of the National Public Officials Act, section 58 of the Local Government Employees Act and section 53(4) of the Public Education Servants Act) and prohibited third-party intervention in labour disputes (section 13(2) of the Labour Dispute Adjustment Act). On the factual aspects of the case, the complainants listed examples of government repression which were designed, in their opinion, to destroy the Korea Trade Union Congress (KTUC) which was created independently of the established union structure in January 1990 (namely the arrest of 177 named union leaders and members, the breakup of the KTUC's inaugural convention, the suspicious death in May 1991 of the KTUC Vice-President, Mr. Park Chang-soo, and unfair labour practices to discourage KTUC membership by employers such as Hyundai Construction and Engineering Company). The complainants also gave examples of government repression, allegedly designed to destroy other newly formed independent unions, particularly the Korean Teachers' and Educational Workers' Union (CHUNKYOJO) (nearly 1,500 dismissals, the prohibition of its annual congress, police searches of union premises, the arrest on 26 April 1991 of five named members, three of whom are still in detention, and the violent breakup of a gathering on 2 March 1992 calling for the reinstatement of the dismissed teachers).
2. 399. The Government did not dispute the fact that there were legislative bans on the right of various categories of workers to organize and to take collective action, but justified these restrictions on several grounds: section 3(5) of the Trade Union Law protected existing unions which did not have a solid base; public servants , including teachers - had a special responsibility in Korean society which expected continued service from them; the highest court of the land recently upheld the constitutionality of the ban on their rights; and, given the traditional Asian non-adversarial approach to labour relations, grievance procedures sufficed for the settlement of disputes and the ban on third-party intervention respected the role of the parties themselves in dispute settlement. The Government nevertheless did recognize the need for amendment of labour-related laws and stressed the creation in April 1992 of the Committee on Labour Laws (composed of representatives of labour, management and the public) for this purpose. The Government did however dispute the complainants' allegations concerning certain incidents. It maintained that labour organizations like the KTUC and the teachers' union undertook collective action not for the improvement of workers' occupational interests but for the overthrow of the legitimate Government; the arrest of certain union leaders was not based on their union membership or activities but on criminal acts proven by due process before independent courts; of the 177 listed by the complainants as arrested, 84 have been released either after completing their sentences or having their sentences suspended, 83 are still serving their sentences and six have lodged appeals against conviction; the KTUC's inaugural meeting was organized without permission and, after being called in by the university authorities and in the face of the workers' refusal to disperse, the police had no choice but to use force; 1,465 (1,496 according to the complainants) teachers were, after three months' warning, dismissed for not respecting the ban on joining unions; in April 1992, in the court proceedings challenging the dismissals, only 25 teachers had won, not because the court upheld their right to trade union activities, but because of technical defaults during the internal disciplinary proceedings.
3. 400. At its March 1993 Session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) Regarding the ban on a second workers' organization being registered when one already exists, which also covers the registration of federations, the Committee draws the Government's attention to the principle that registration provisions which result in the rejection of an application for registration if the authorities consider that a trade union adequately representing the interests of the workers concerned is already registered, mean that in some cases employees may be denied the right to join the organization of their choice, and concludes that this is the situation in practice in the case under consideration; it therefore calls on the Government to amend section 3(5) of the Trade Union Law so as to enable workers to establish and join the organization of their choice, without restriction.
   • (b) As regards the prohibition on the right to organize of public servants and private and public school teachers, the Committee draws the Government's attention to the principle that workers, without distinction whatsoever and notwithstanding their particular status under national law, should be able to form and join organizations of their own choosing to protect their interests and calls on the Government to take the necessary measures to enable public servants and private and public teachers to exercise freely the right to organize.
   • (c) As regards the right of private and public school teachers to take collective action, the Committee recalls that the right to strike is one of the fundamental rights of workers and their organizations being one of the essential means through which they may promote and defend their occupational interests; it can only be restricted and prohibited in the public service (public employees being those who act as agents of the public authority) or in essential services in the strict sense of the term.
   • (d) As the Committee is of the opinion that the ban on third party intervention in the settlement of disputes constitutes a serious restriction on the free functioning of trade unions it calls on the Government to repeal this ban.
   • (e) In general on these legislative aspects of the case, the Committee notes the recently created Committee on Labour Laws and asks the Government to keep it informed of any progress achieved towards revision of the labour-related legislation.
   • (f) As regards the factual aspect of this case, the Committee regrets that 83 arrested unionists are still in prison serving their sentences and that six have not had their cases finalized; stressing that the arrest and detention of trade unionists, even for reasons of internal security, may constitute a serious interference with trade union rights, it calls on the Government to release those who remain in prison and to inform it of developments in this regard including the outcome of the six pending appeals.
   • (g) As regards the almost 1,500 dismissals of teachers for forming a union outside the existing structure, the Committee draws the Government's attention to the principle that no person should be prejudiced in his or her employment by reason of trade union membership or legitimate trade union activities and calls on the Government to take immediate steps to ensure that the teachers concerned are reinstated in their jobs.
   • (h) Regarding the break up of the KTUC's inaugural meeting, the Committee draws to the attention of both the complainants and the Government the principles according to which trade unions should respect legal provisions which are intended to ensure the maintenance of public order while at the same time the public authorities should for their part, refrain from any interference which would restrict the right of trade unions to organize the holding of their meetings in full freedom and that, in general, the use of the forces of order during trade union demonstrations should be limited to cases of genuine necessity.
   • (i) The Committee regrets that the Government supplied no information on the suspicious death of the KTUC Vice-President, Mr. Park Chang-soo and urges it to respond to this allegation without delay.
   • (j) The Committee also expresses its concern about the alleged ban of the CHUNKYOJO congress and on the alleged unfair practices engaged in by certain employers in an effort to suppress the KTUC; it urges the Government to reply to these allegations as soon as possible.
   • (k) Noting that the Republic of Korea is a new member State, and noting with concern the fact that such serious allegations have been presented against it, the Committee draws the Government's attention to the fact that the technical assistance of the Office is at its disposal in giving effect to these recommendations.

B. The Government's reply

1. 401. In its communication of 30 April 1993, the Government refers to the recommendations made by the Committee following its previous examination of this case. Regarding the need to amend labour-related legislation, the Government reiterates that the Committee on Labour Laws is in the process of conducting a systematic and intensive examination of the said legislation in order to bring it into line with Korea's rapidly changing industrial society. The Government adds that at its initiative a "Founders' Committee", composed of eight legal scholars, was set up in May 1992. This Committee undertook an intensive study of controversial issues such as plural trade unions and the prohibition of third-party intervention in consultation with the social partners. The Government plans to submit this Committee's proposed amendments to labour-related laws to the National Assembly sometime this year after holding public hearings.
2. 402. Of the 83 unionists who were arrested and whose release was sought by the Committee, the Government states that 64 persons have been released and 19 remain in prison. The Government recently undertook measures for the release of some of these persons by means of a pardon and reinstatement by the President. According to the Government, those excluded from the amnesty and reinstatement measures may be accorded special leniency, such as a release on parole if they are truly repentant of their crimes and seek rehabilitation. It stresses, however, that these persons were not arrested solely for their trade union activities but due to various other circumstances which it had described in detail in its previous reply. None of the six persons who had lodged appeals against conviction won their cases. However, five were released upon the completion of their sentences or after having received suspended sentences. The Government provides appendices which describe the situation of the above-mentioned persons (see Annex 1).
3. 403. With respect to the measures taken to reinstate the almost 1,500 teachers who were dismissed because of their affiliation with the Korean Teachers' and Educational Workers' Union (CHUNKYOJO), the Government once again describes its reasons for prohibiting the CHUNKYOJO, already mentioned in detail in its initial reply. It points out that members of the CHUNKYOJO patently violated Korea's laws (National Public Officials Act and Private School Act), which were established with the consent of the Korean people. Those who refused to discontinue their illegal activities, despite the Government's efforts at dissuasion over the course of three to six months, were finally punished according to Korea's legal codes.
4. 404. Moreover, rather than striving to improve the working conditions of educators, the CHUNKYOJO has instead engaged in a political battle to achieve "true education" to which end it employs methods of struggle including mobilizing students who are unrelated to the trade union, thereby exerting a bad influence on impressionable young students and encroaching on their right to receive education. Since tremendous importance is attached to education by the Korean people, the work performed by teachers is considered to be an "indispensable public duty". Due to the aforementioned reasons, parents and teachers view negatively the idea of reinstating the dismissed CHUNKYOJO teachers.
5. 405. In addition, while well aware of ILO Conventions Nos. 87 and 98, the Government stresses the obligation of teachers to abide by national laws which prohibit their participation in trade unions. Although Korean regulations may conflict in part with ILO standards, the courts in Korea have never ruled labour movements of teachers to be legitimate.
6. 406. Finally, the Government considers that its country's recent entry into the ILO itself reflects its respect for the spirit of the ILO and its determination to help achieve the ILO's objectives. However, a considerable amount of time and effort will be required to harmonize Korea's legal structure, social ethics and traditions with the ILO's Conventions. In particular, the issue of education is intricately related to the values of the people, and teacher labour movements must be dealt with prudently in order to eventually achieve harmony. Bearing this in mind and in accordance with the 1991 "Special Act for the Improvement of Teachers' Status", the Government has taken steps to allow teachers to negotiate and consult with it in order to improve their working conditions, benefits and level of expertise.
7. 407. In the light of the above, the Government believes that the reason the issue of the CHUNKYOJO remains unresolved is not due to government policies, but rather due to the confrontational and extremist attitude of CHUNKYOJO members. Teachers should set an example for their students by respecting the law. Therefore it seems inappropriate for the Government to reinstate CHUNKYOJO teachers who continue illegal pursuits.
8. 408. With respect to the Committee's request for information on the suspicious death in May 1991 of the KTUC Vice-President, Mr. Park Chang-soo, the Government replies that on 12 February 1991 Mr. Park Chang-soo was arrested for adopting a statement of solidarity in support of a strike by the Daewoo Shipbuilding Union thereby violating the Labour Dispute Adjustment Act. He was admitted to the Seoul Detention House on the same day and the Seoul District Public Prosecutor's Office initiated proceedings against Mr. Park Chang-soo on 12 March 1991. On 4 May 1991, Mr. Park Chang-soo dashed his head against the edge of a wall at the Seoul Detention House, incurring a 6 cm long deep laceration on the forehead and was transferred to Anyang Hospital on the same day where he underwent surgery. According to the Government, it may be assumed that his self-inflicted injury was a deliberate act to gain early release in light of the fact that he was experiencing difficulty adapting to life at the detention house. On 6 May 1991, during hospital treatment in an intensive care unit, Mr. Park Chang-soo jumped from the sixth floor rooftop of the same hospital and died on the spot.
9. 409. In order to learn the exact cause of his death, a post-mortem examination on the corpse was conducted on the same day by two doctors belonging to the First Legal Medical Division of the National Scientific Investigation Research Institute, under the supervision of the Chief Public Prosecutor on Organized Crime, with a seizure and search warrant issued by the Suwon District Court. The results of the post-mortem examination suggest that Mr. Park Chang-soo first sustained joint ankle fractures and then suffered multiple fractures to his pelvis and other bones. The autopsy also suggests that the compound fracture of both ankle joints resulted from an impact of nearly equivalent force, that is the deceased maintained balance while falling, and therefore it may be postured that he leapt from a standing position. According to the Government, Mr. Park Chang-soo committed suicide since there is no evidence to indicate that he was killed at a third location before being thrown from the rooftop.
10. 410. Regarding the allegation that the prosecution forced an autopsy in order to cover up murder, the Government replies that if an accidental fatality or a corpse likely to have suffered an accidental death is found, standard practice is for a public prosecutor to hold an inquest. If the results of the inquest raise suspicions of murder, a public prosecutor may seize, search or inspect with a warrant. In this case, since the precise cause of death could not be verified through an inspection only, an autopsy was conducted with a warrant issued by a judge. With regard to the matter of the autopsy, both the prosecution and the bereaved family agreed to a post-mortem examination, and to negotiate the specifics of the procedure at 16.00 on the day of the accident. However, about 500 employees and students belonging to either the KTUC or "The National Student Council" occupied the mortuary, armed with iron pipes and wooden bats, and unilaterally rejected requests from the prosecution for cooperation in holding a post-mortem examination. Thus the prosecution was left with no alternative but to mobilize the police and to conduct a post-mortem examination by force. Moreover, although the prosecution requested that the bereaved family and the press corps attend the post-mortem examination in order to ensure the propriety of the examination, the family refused to attend.
11. 411. As regards the restrictions on assemblies of the Korean Teachers' and Educational Workers' Union (CHUNKYOJO), the Government contends that since its establishment in 1989 the CHUNKYOJO has organized numerous meetings. In the case of the CHUNKYOJO's annual conventions in 1989, 1990 and 1991 however, where prior notification procedures relating to outdoor assemblies in public places had not been met or the assembly was deemed to pose a threat to public peace and order, the Government had prohibited the holding of the said assemblies in accordance with the relevant provisions of the Assembly-Related Laws, a copy of which the Government encloses along with its submission (see Annex 2). It states that all other assemblies considered to be legal have been permitted and no restrictions have been applied to assemblies held by the CHUNKYOJO since May 1992. For example, on 31 May 1992, a large-scale assembly was held in Seoul with 15,000 participants and on 31 January 1993 CHUNKYOJO members were allowed to organize an assembly at Dongkuk University. The Government adds that Messrs. Lee Su-ho and Lee Pu-Young, the two members of the CHUNKYOJO whom the Committee noted were in detention during its previous examination of the case, were both released on 6 March 1993 by Presidential pardon.
12. 412. With respect to the Committee's request for information on the alleged unfair practices engaged in by certain employers such as Hyundai Construction and Engineering Company in an effort to suppress the KTUC, the Government argues that this is unlikely given that the Hyundai Construction Co. Union is affiliated with the Korea National United Workers' Federation (KNUF) which in turn is affiliated with the Federation of Korean Trade Unions (FKTU), and has never been affiliated with either the KTUC or the Korean Federation of Construction Trade Unions (KFCTU).
13. 413. The Government than enumerates the specific measures taken by it concerning alleged unfair labour practices by Hyundai management against members of the Hyundai Construction Co. Union. As regards the allegation that union officers were laid off unfairly, the Government replies that among the five persons discharged, two (Mr. Choe Cryu-Ok, union representative, and Mr. Im Dong-Jin, secretary general) were reinstated in January 1992. The remaining three persons were reinstated between January and August 1992 and have been working at the Hyundai company since that time.
14. 414. Turning to the allegation of intimidation of workers to make them withdraw from the union, the Government confirms that some managers had persuaded certain union officers to deunionize according to three investigations by the Ministry of Labour. Accordingly, on 21 February 1991, Mr. Chung Hoon-Mok, President of the company, Mr. Kim Kwang-Hyong, Vice-President, Mr. Kong Young Ho, Executive Vice-President, and Mr. Kim Man-Hee, General Director, were booked and sent to Seoul District Public Prosecutor's Office on charges of violating section 39 of the Trade Union Act. On 30 November 1991, under the terms of a judicial decision, Hyundai Engineering and Construction Co. Ltd. and Mr. Kim Man-Hee were punished with a fine of 2 million won each, while the others were acquitted.
15. 415. The Government refutes the allegation that the collective bargaining process was intentionally delayed, since labour and management at the company have proceeded with collective bargaining since the beginning of 1991 and have renewed the terms of their collective agreement for two years on 13 March 1992. Similarly, with regard to the allegation that physical violence was utilized by management against union members who visited the Hyundai building sites, the Government asserts that an investigation has revealed this allegation to be groundless. The Government concludes that the union concerned is now operating under normal conditions, observing democratic procedures, engaging in autonomous activities and thus contributing to stable labour-management relations.

C. The Committee's conclusions

1. 416. As regards progress achieved in revising labour-related legislation, the Committee notes that the Committee on Labour Laws, which was set up in April 1992, is still in the process of conducting an examination of the said legislation with a view to amending it. The Committee further notes that a "Founders' Committee", set up at the Government's initiative in May 1992 and composed of legal scholars, undertook a study of controversial issues such as plural trade unions and the prohibition of third-party intervention in consultation with the social partners with a view to submitting to the Government amendments to labour-related laws on the above issues. The Government in turn plans to submit the Founders' Committee's proposed amendments to the National Assembly sometime this year. The Committee calls on the Government to ensure that the proposed amendments are in line with the principles of freedom of association as formulated in its conclusions and recommendations following its previous examination of this case (see 286th Report, paras. 558-575). It requests the Government to provide it with a copy of the legislative amendments as soon as they are adopted by the National Assembly.
2. 417. The Committee notes that of the 83 arrested unionists who remained in prison, 64 have been released either by means of a presidential pardon or on completion or suspension of their sentences. It regrets that 19 unionists who were excluded from the amnesty and reinstatement measures were not released but notes the Government's statement that they may be accorded special leniency. The Committee therefore insists that they be released immediately and requests the Government to inform it of developments in this regard. The Committee further notes that none of the six persons who had lodged appeals against conviction won their cases; however, five have been released on completion or suspension of their sentences and the sixth person, Mr. Shin Seung-Chul, will be released on 20 January 1994 upon expiration of his sentence. The Committee insists that Mr. Shin Seung-Chul be released immediately, and requests the Government to confirm that this has been done.
3. 418. As regards the almost 1,500 teachers who were dismissed because of their affiliation with the Korean Teachers' and Educational Workers' Union (CHUNKYOJO), the Committee notes the several reasons put forward by the Government as to why it did not take measures to reinstate these teachers: they violated Korea's national laws which prohibit their participation in trade unions; they refused to discontinue their illegal activities despite the Government's efforts at dissuasion; they employed methods of struggle, including mobilizing students unrelated to their union, in order to achieve their objectives; and for all the aforementioned reasons, parents and teachers view negatively the idea of reinstating the dismissed CHUNKYOJO teachers.
4. 419. While aware of the importance attached to education by the Korean people, the Committee does not see how the students' right to receive education can be encroached upon by allowing teachers to form and join organizations of their own choosing to protect their interests. Furthermore, the Government's argument that CHUNKYOJO teachers violated national laws which prohibit their participation in trade unions is not persuasive since these laws are not in conformity with the principles of freedom of association, as acknowledged by the Government itself. Considering that the Government has expressed its determination to help achieve the ILO's objectives, the Committee would point out that the respect of the principles of freedom of association by all member States is one such objective. The Committee therefore draws the Government's attention once again to these principles as they relate to the right to organize of teachers and which it enunciated in detail during its previous examination of this case (286th Report, paras. 562, 563 and 569). In this connection, the Committee deplores that the Government did not deem it appropriate to take steps to reinstate the almost 1,500 CHUNKYOJO teachers who were dismissed for having exercised the right to form and join an organization of their choice and urges it once again to take immediate steps to ensure that they are reinstated in their jobs.
5. 420. The Committee notes the detailed information supplied by the Government on the events preceding and following the death of Mr. Park Chang-soo, the KTUC Vice-President. The Committee notes with serious concern that Mr. Park Chang-soo was arrested and detained in the first place for simply having adopted a statement of solidarity in support of a strike by the Daewoo Shipbuilding Union, thereby violating the Labour Dispute Adjustment Act. It recalls that the arrest and detention of trade union leaders and members for activities connected with the exercise of their trade union rights constitute a violation of the principles of freedom of association (Digest of decisions and principles of the Freedom of Association Committee, 3rd edition, 1985, paras. 87 and 88). It therefore requests the Government to ensure in future that trade union leaders and members are not arrested and detained for activities connected with the exercise of such rights.
6. 421. The Committee observes, however, that the Government disputes the complainant's allegations concerning the other events surrounding the death of Mr. Park Chang-soo. Although the complainant states that he was evacuated to the hospital for treatment for an unexplained head injury, the Government replies that Mr. Park Chang-soo had incurred this head injury himself by dashing his head against the edge of a wall in prison in order to gain early release. Moreover, although the complainant contends that his body showed no signs of external wounds commensurate with a jump from the hospital's sixth floor, the Government claims that the autopsy report shows that the injuries sustained by Mr. Park are indicative of a fall in a standing position from the sixth floor, although it admits that it is difficult to ascertain the precise motive for suicide. Finally, while the complainant argues that the prosecution forced an autopsy to cover up murder, the Government contends that both the prosecution and the family had agreed to conduct a joint post-mortem examination but that since 500 members of the KTUC wielding iron pipes and wooden bats had occupied the mortuary, the prosecution was left with no alternative but to mobilize the police and conduct a post-mortem examination by force. In view of the contradiction between the two statements, the Committee will only recall that in cases of loss of human life, the setting up of an independent judicial inquiry by the Government concerned is a particularly appropriate method of fully ascertaining the facts, determining responsibilities and punishing those responsible (Digest, op. cit., para. 78). It requests the Government to initiate such an independent inquiry and to keep it informed of the results thereof.
7. 422. As regards the alleged ban of the CHUNKYOJO congress, the Government confirms that it had prohibited the holding of the CHUNKYOJO's annual convention in 1989, 1990 and 1991 in accordance with the provisions of the Assembly-Related Laws, either because prior notification procedures relating to outdoor assemblies in public places had not been met or because the assembly was deemed to pose a threat to public peace and order. The Committee further notes the Government's statement that since its establishment in 1989, the CHUNKYOJO has organized numerous meetings which were considered to be legal and that no restrictions have been applied to assemblies held by the CHUNKYOJO since May 1992. In this connection, the Committee once again draws the attention of both the complainant and the Government to the principles according to which the right to hold trade union meetings cannot be interpreted as relieving organizations from the obligation to comply with reasonable formalities when they wish to make use of public premises and that trade unions should respect legal provisions which are intended to ensure the maintenance of public order while the public authorities should, for their part, refrain from any interference which would restrict the right of trade unions to organize the holding of their meetings in full freedom (Digest, op. cit., paras. 160 and 162).
8. 423. Turning to the question of alleged unfair practices engaged in by certain employers such as Hyundai Construction and Engineering Company, the Committee notes the Government's statement that certain of these unfair labour practices did take place, although not against members of the KTUC since the Hyundai Construction Co. Union is affiliated with the Federation of Korean Trade Unions (FKTU) and has never been affiliated with either the KTUC or the Korean Federation of Construction Trade Unions (KFCTU). The Committee considers that while it may be true that the Hyundai Construction and Engineering Company only recognizes the Hyundai Construction Co. Union, this does not rule out the possibility that members of Hyundai management carried out unfair labour practices such as dismissals against KTUC or KFCTU members who were not members of the Hyundai Construction Co. Union but who were nevertheless employees of the Hyundai Construction and Engineering Company. In this respect, the Committee would draw the Government's attention to the principle that no person should be prejudiced in his employment by reason of his membership of a trade union, even if that trade union is not recognized by the employer as representing the majority of workers concerned (Digest, op. cit., para. 552). Consequently, it requests the Government to take action on the basis of investigations on alleged unfair labour practices engaged in by the Hyundai Construction and Engineering Company against KTUC or KFCTU members, with the firm intention that those responsible for any unfair labour practices that might have occurred should be punished, and to keep it informed in this respect.
9. 424. As regards the allegation that certain officers of the Hyundai Construction Co. Union were laid off unfairly, the Committee notes with interest that of the five persons discharged, all five were reinstated in their jobs between January and August 1992 and have been working at the Hyundai company since that time. It further notes that certain senior executives including the President of the Hyundai company had intimidated some union officers to force them to withdraw from the union according to three investigations undertaken by the Ministry of Labour. Accordingly, one senior manager and the company itself were fined heavily by the Seoul District Court while three were acquitted of the charges of violating section 39 of the Trade Union Act. However, the Government contests the allegation that the collective bargaining process was intentionally delayed, contending that labour and management at the Hyundai company had renewed the terms of their collective agreement for a period of two years on 13 March 1992. Similarly, an investigation into the allegation that physical violence was used by management against union members who visited the Hyundai building sites has revealed this allegation to be groundless, according to the Government. The Committee recalls in this respect that "trade union rights can only be exercised in a climate that is free from violence, pressure or threats of any kind against trade unionists; it is for governments to ensure that this principle is respected" (Digest, op. cit., para. 70).
10. 425. The Committee requests the Government to furnish its observations on the allegations recently supplied by the ICFTU and the KTUC in communications dated 20 September and 14 October 1993 respectively.

The Committee's recommendations

1. 426. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a)As regards the proposed amendments to labour-related legislation, the Committee calls on the Government to ensure that they are in line with the principles of freedom of association and that they lead to a complete reform of the legislation. It reminds the Government that the technical assistance of the Office is at its disposal in giving effect to these recommendations.
   • (b)The Committee regrets that 19 arrested unionists have not yet been released but notes the Government's statement that they may be accorded special leniency. It insists that they be released immediately and requests the Government to keep it informed of developments in this regard. It further insists that Mr. Shin Seung-Chul, who lost his appeal against conviction, be freed immediately and requests the Government to confirm that this has been done.
   • (c)The Committee deplores that the Government did not deem it appropriate to take steps to reinstate the almost 1,500 CHUNKYOJO teachers who were dismissed for having exercised their right to form and join an organization of their choice and urges it once again to take the appropriate steps to ensure their reinstatement.
   • (d)The Committee recalls that the arrest and detention of trade union leaders and members for activities connected with the exercise of their trade union rights constitute a violation of the principles of freedom of association and therefore requests the Government to ensure in future that such persons are not arrested or detained for such activities.
   • (e)As regards the death of the KTUC Vice-President, Mr. Park Chang-soo, the Committee recalls that when disorders have occurred involving loss of human life, the setting up of an independent judicial inquiry by the Government concerned is a particularly appropriate method of fully ascertaining the facts, determining responsibilities and punishing those responsible. It requests the Government to initiate such an independent inquiry and to keep it informed of the results thereof.
   • (f)As regards the alleged ban of the CHUNKYOJO congress, the Committee draws the attention of both the complainant and the Government to the principles according to which the right to hold trade union meetings cannot be interpreted as relieving organizations from the obligation to comply with reasonable formalities when they wish to make use of public premises and that trade unions should respect legal provisions which are intended to ensure the maintenance of public order while the public authorities should, for their part, refrain from any interference which would restrict the right of trade unions to organize the holding of their meetings in full freedom.
   • (g)The Committee draws the Government's attention to the principle that no person should be prejudiced in their employment by reason of membership of a trade union, even if that trade union is not recognized by the employer as representing the majority of workers concerned. It therefore requests the Government to take measures in order to give effect to the results of the investigations on alleged unfair labour practices engaged in by an employer against KTUC or KFCTU members, with the firm intention that those responsible for any such practices that might have occurred should be punished, and to keep it informed in this respect.
   • (h)As regards other alleged unfair labour practices, the Committee notes with interest that five officers of the Hyundai Construction Co. Union who were laid off unfairly have been reinstated in their jobs and that the Hyundai Construction and Engineering Company has been fined heavily due to acts of intimidation on the part of some members of its management to force workers to leave their union.
   • (i)The Committee requests the Government to furnish its observations on the allegations recently supplied by the ICFTU and the KTUC.

ANNEX 1

1. Information from Government on persons serving
2. sentences of all persons whose release
3. was requested by the Committee
4. No. Name Correctional Scheduled date
5. institution of release
6. 1 Hyun, Joo-Uk Choonchun 22 Dec. 1993
7. 2 Chung, Noo-Sung Chungjoo 1 Nov. 1995
8. 3 Chung, Joon-Won Junjoo 1 Aug. 1993
9. 4 Yun, Jae-Kyung Kwangjoo 1 Aug. 1993
10. 16 Lee, Byung-Hyun Chungjoo 6 Mar. 1994
11. 17 Chung, Ha-Baek Choonchun 23 Jan. 1994
12. 18 Lee, Kwang-Soo Daejun 15 Sep. 1994
13. 19 Park, Sun-Tae Andong 20 Nov. 1993
14. 5 Chung, Sung-Young Wonjoo 26 June 1994
15. 6 Chung, Chang-Sik Kongjoo 28 June 1995
16. 7 Ahn, Sang-Mok Uejungbu 29 June 1994
17. 8 Mun, Sang-Ho Jinjoo 28 June 1994
18. 9 Song, Doo-Sil Uejungbu 28 June 1994
19. 10 Park, Won-Taek Daejun 26 Dec. 1993
20. 11 Yang, Sang-Kook Pusan 1 Aug. 1993
21. 12 Park, Jong-Ha Choonchun 26 June 1994
22. 13 Kim, Jin-Hoon Chungjoo 13 Sep. 1993
23. 14 Pang, Bong-Soo Kongjoo 2 Aug. 1994
24. 15 Park, Hee-Sung Jinjoo 2 Sep. 1993
25. Information from Government on persons already
26. released of all persons whose release was
27. requested by the Committee
28. No. Name Release date/reason Prosecution
29. office
30. 1 Lee, Boo-Young 6 Mar. 1993 - Pardon Seoul
31. 2 Lee, Soo-Ho 6 Mar. 1993 - Pardon Seoul
32. 3 Kwon, Young-Kook 8 Feb. 1993 - Expiration Daegoo
33. of sentence
34. 4 Lee, Sang-Choon 1 July 1992 - Expiration Daegoo
35. of sentence
36. 5 Kim, Im-Sup 11 June 1992 - Expiration Jingoo
37. of sentence
38. 6 Park, Soon-Hwan 5 Dec. 1992 - Expiration Choongmoo
39. of sentence
40. 7 Kang, Young-Kil 5 Dec. 1992 - Expiration Choongmoo
41. of sentence
42. 8 Nah, Young-Joo 18 Aug. 1992 - Expiration Choongmoo
43. of sentence
44. 9 Song, Oh-Sung 8 Aug. 1992 - Expiration Choongmoo
45. of sentence
46. 10 Lee, Bong-Kyu 31 Mar. 1992 - Expiration Choongwon
47. of sentence
48. 11 Kim, Yoon-Kyu 9 Aug. 1992 - Expiration Choongwon
49. of sentence
50. 12 Lee, Ho-Sung 24 Feb. 1993 - Expiration Choongwon
51. of sentence
52. 13 Kim, Soo-Hwan 28 Oct. 1992 - Expiration Choongwon
53. of sentence
54. 14 Park, Joon-Hak 16 July 1992 - Suspension Choongwon
55. 15 Chung, Young-Sun 7 Sep. 1992 - Expiration Choongwon
56. of sentence
57. 16 Han, Kyung-Sook 6 Mar. 1993 - Pardon Choongwon
58. 17 Jang, Cho 13 Sep. 1992 - Expiration Choongwon
59. of sentence
60. 18 Kim, Jung-Ho 6 Mar. 1993 - Pardon Choongwon
61. 19 Im, Chae-Jung 18 Aug. 1992 - Expiration Choongwon
62. of sentence
63. 20 Lee, Heung-Suk 7 Jan. 1993 - Expiration Choongwon
64. of sentence
65. 21 Kim, Joong-Hyun 6 Mar. 1993 - Pardon Ulsan
66. 22 Choe, Jung-Ho 31 Oct. 1992 - Expiration Ulsan
67. of sentence
68. 23 Sohn, Bong-Hyun 23 Jan. 1993 - Expiration Ulsan
69. of sentence
70. 24 Bae, Man-Soo 21 Feb. 1992 - Expiration Ulsan
71. of sentence
72. 25 Oh, Jong-Soe 18 July 1992 - Expiration Ulsan
73. of sentence
74. 26 Sohn, Jong-Soo 23 May 1992 - Expiration Suwon
75. of sentence
76. 27 Jang, Yong-Yeol 6 Mar. 1993 - Pardon Suwon
77. 28 Han, Sang-Sun 6 Mar. 1993 - Pardon Suwon
78. 29 Lee, Yong-Seok 13 Sep. 1992 - Expiration Suwon
79. of sentence
80. 30 Kim, Tae-Yeon 13 Sep. 1992 - Expiration Suwon
81. of sentence
82. 31 Lee, Eun-Tae 30 Jan. 1992 - Suspension Suwon
83. 32 Jung, Jang-Hee 6 Mar. 1993 - Pardon Suwon
84. 33 Cho, Ji-Yeon 30 Jan. 1992 - Suspension Suwon
85. 34 Oh, Hong-Kyu 2 Dec. 1992 - Expiration Inchun
86. of sentence
87. 35 Choe, Dong-Sik 13 Oct. 1992 - Expiration Inchun
88. of sentence
89. 36 Kim, Nam-Hun 21 Oct. 1992 - Expiration Inchun
90. of sentence
91. 37 Kim, Ki-Hwan 6 Mar. 1993 - Pardon Suwon
92. 38 Cho, Duk-Sang 19 Oct. 1992 - Expiration Inchun
93. of sentence
94. 39 Kim, Yong-Don 9 Nov. 1992 - Expiration Inchun
95. of sentence
96. 40 Kim, Yong-Koo 28 Oct. 1992 - Expiration Inchun
97. of sentence
98. 41 Kim, Jae-Kyu 18 Oct. 1992 - Expiration Inchun
99. of sentence
100. 42 Choe, Yong-Joo 13 Oct. 1992 - Expiration Inchun
101. of sentence
102. 43 Lee, Sung-Jae 6 July 1992 - Expiration Inchun
103. of sentence
104. 44 Lee, Eun-Koo 18 Aug. 1992 - Expiration Seoul
105. of sentence
106. 45 Hong, Young-Pyo 22 Aug. 1992 - Expiration Seoul
107. of sentence
108. 46 Kim, Sung-Gab 6 Mar. 1993 - Pardon Inchun
109. 47 Suh, Hee-Taek 18 Sep. 1992 - Expiration Inchun
110. of sentence
111. 48 Lee, Choon-Sang 1 Feb. 1993 - Expiration Inchun
112. of sentence
113. 49 Kim, Young-Kook 3 Dec. 1992 - Expiration Inchun
114. of sentence
115. 50 Lee, Soon-Hyung 4 July 1992 - Expiration Seoul
116. of sentence
117. 51 Park, Keun-Jik 16 June 1992 - Expiration Seoul
118. of sentence
119. 52 Lee, Soo-Hong 14 Dec. 1992 - Expiration Seoul
120. of sentence
121. 53 Kim, Young-Dae 28 June 1992 - Expiration Seoul
122. of sentence
123. 54 Chung, Yun-Kwang 23 Aug. 1992 - Expiration Seoul
124. of sentence
125. 55 Chung, Sung-Ki 6 Mar. 1993 - Pardon Suwon
126. 56 Kang, Myung-Joon 8 June 1992 - Expiration Choongmoo
127. of sentence
128. 57 Lee, Chul-Hyun 23 Aug. 1992 - Expiration Choongmoo
129. of sentence
130. 58 Kwak, Tae-Young 18 June 1992 - Expiration Choongmoo
131. of sentence
132. 59 Ahn, Joong-Joon 4 Mar. 1993 - Expiration Inchun
133. of sentence
134. 60 Choe, Sung-Choon 20 Nov. 1992 - Expiration Inchun
135. of sentence
136. 61 Sung, Hyun-Je 15 Apr. 1993 - Expiration Seoul
137. of sentence
138. 62 Kim, Jum-Soo 13 Aug. 1992 - Expiration Changwon
139. of sentence
140. 63 Lee, Chang-Hoon 8 Aug. 1992 - Expiration Choongmu
141. of sentence
142. 64 Lee, Ki-Soo 27 Apr. 1992 - Expiration Daegoo
143. of sentence
144. Information from Government on decisions on the
145. six persons awaiting trial at time of complaint
146. No. Name Result of trial Reference
147. 1 Shin, Yoo-Shik 26 June 1992 Supreme Imprisoned at
148. Court decision: two the Jinjoo
149. years' imprisonment Correctional
150. and two years' dis- Institute (to
151. qualification be released on
152. 19 Aug. 1993
153. upon expiration
154. of sentence)
155. 2 Mun, Jae-Young 22 Nov. 1991 Changwon Released from
156. District Court decision: prison upon
157. two years' imprisonment expiration of
158. amd two years' disquali- sentence
159. fication (27 Apr. 1992)
160. 3 Joh, Byung-Do 11 Dec. 1992 Supreme CourtReleased from
161. decision: one year's prison on grant
162. imprisonment and of suspended
163. suspension for two years sentence
164. (28 Aug. 1992)
165. 4 Kim, Sung-Ik 8 May 1992 Supreme Court Released from
166. decision: one year and prison upon
167. six months' imprisonment expiration of
168. sentence
169. (21 Mar. 1993)
170. 5 Shin, Seung-Chul31 Jan. 1992 Suwon In prison at
171. District Court decision: the Daejun
172. two years' and six Correctional
173. months' imprisonment Institution (to
174. be released on
175. 20 Jan. 1994 -
176. expiration of
177. the sentence)
178. 6 Kim, Sang-Hab 12 June 1992 Changwon Released from
179. District Court decision: prison upon
180. eight months' imprisonmentexpiration of
181. and one year of dis- sentence
182. qualification (19 June 1992)
183. ANNEX
184. ANNEX 2
185. Articles of laws pertaining to assemblies
186. 1. Laws on assemblies and demonstrations
187. - Article 5-1-2 (prohibition of assemblies and demonstrations): No one
188. shall be allowed to organize an assembly or a demonstration that is clearly
189. deemed to be of direct threat to public peace and order, including the
190. threat of group violence, menace and arson.
191. - Article 6-1 (false notification of outdoor assemblies or
192. demonstrations): Those desiring to organize an outdoor assembly or a
193. demonstration must submit a letter of notification to the district
194. police chief 48 hours prior to holding the outdoor assembly or demonstration.
195. The letter of notification must include: purpose, time and date
196. (including the amount of time required), location, organizer (including the
197. name of the representative in the case of an organization), point of contact,
198. the address, name and occupation of the speaker and of the person in
199. charge of maintaining order, speech theme, participating organizations
200. expected, the total number of expected participants, and the method of
201. demonstration (including the march route and a sketch map).
202. - Article 18-1-3 (dispersal of assemblies or demonstrations): In
203. the case where an assembly or a demonstration is held without notification as
204. stated in article 6-1, the district police chief may order the
205. dispersal of the assembly or demonstration.
206. - Article 11 (areas where outdoor assemblies or demonstrations are
207. prohibited): No one shall hold outdoor assemblies or demonstration within 100
208. metres of a foreign diplomatic official's residence.
209. 2. Criminal law
210. - Article 136 (interference with the execution of official duties):
211. Those who assault or threaten a government official carrying out his/her
212. official duties shall be subject to up to five years' imprisonment.
213. - Article 319 (trespassing on another's premises, refusal to withdraw):
214. Those who trespass on another's premises, home, building, ship or room shall
215. be subject to up to three years' imprisonment or to a fine not exceeding
216. 15,000 won.