Informe provisional - Informe núm. 311, Noviembre 1998

Caso núm. 1865 (República de Corea) - Fecha de presentación de la queja:: 14-DIC-95 - Cerrado

Visualizar en: Francés - Español

Go to:

INTRODUCTION
A. Previous examination of the case
B. The KCTU's new allegations
C. The Government's reply
D. The Committee's conclusions
The Committee's recommendations
Appendix 1

Allegations: Arrest and detention of trade union leaders and members; government refusal to register newly established organizations; adoption of labour law amendments contrary to freedom of association

293. The Committee already examined the substance of this case at its May 1996, March and June 1997 and March 1998 meetings, when it presented an interim report to the Governing Body (304th Report, paras. 221-254; 306th Report, paras. 295-346; 307th Report, paras. 177-236; 309th Report, paras. 120 to 160 approved by the Governing Body at its 266th, 268th, 269th and 271st Sessions (June 1996, March and June 1997 and March 1998)).
294. The Korean Confederation of Trade Unions (KCTU) presented new allegations in communications dated 18 August and 9 September 1998.
295. The Government furnished its observations in communications dated 29 September, 23 and 29 October 1998.
296. The Republic of Korea has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), or the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

297. In December 1997, the Government agreed to receive a high-level ILO tripartite mission to the country to examine the issues raised in Case No. 1865. This mission which visited the Republic of Korea from 9 to 13 February 1998 issued a report on the basis of which the Committee reached interim conclusions during its previous examination of this case.
298. The case had addressed allegations both of a legislative and factual nature. With regard to the allegations of a legislative nature, the Committee had noted that a Tripartite Commission composed of representatives of the Government, employers' and workers' organizations, was established on 15 January 1998 to deal with a series of reforms concerning economic and labour-related issues including those pertaining to freedom of association. The Committee had noted with interest that the proposed reforms relating to freedom of association issues, if adopted by the National Assembly, would bring the industrial relations system prevailing in the Republic of Korea more fully into line with freedom of association principles and the Committee's previous recommendations. Moreover, these reforms, if implemented, would necessitate the corresponding amendments to the Trade Union Labour Relations Adjustment Act (TULRAA) which contained provisions which the Committee had considered to be contrary to freedom of association principles including those relating to the denial of the right of public servants and teachers to establish and join organizations of their own choosing, the illegality of trade union pluralism at the enterprise level, the requirement to notify the identity of third parties who intervene in collective bargaining and industrial disputes, the prohibition of the right to strike in non-essential services, the prohibition of the payment of full-time union officials by employers, the denial of the right to organize of dismissed and unemployed workers and the ineligibility of non-members of trade unions to stand for office. Within the context of the possibility, under the TULRAA, of trade union pluralism at the national and industrial levels, the Committee had also requested the Government to ensure that the Korean Confederation of Trade Unions (KCTU) was registered as a trade union organization as soon as possible, noting that the main obstacle to the KCTU's registration appeared to be the affiliation to it of CHUNKYOJO, an illegal teachers' organization at the time.
299. Regarding the allegations of a factual nature, the Committee had first of all requested the Government to ensure the dropping of all remaining charges which had been brought against Mr. Kwon Young-kil, former president of the KCTU, as a result of his trade union activities. The Committee had noted with satisfaction that four trade union leaders, who were the subject of the complaint, had been released and was further pleased to learn that the new President was seriously considering an amnesty for these trade unionists detained as a result of their trade union activities.
300. At its March 1998 session, in light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
- (a) As regards the legislative aspects of this case, the Committee requests the Government:
- (i) to take the appropriate steps so as to ensure that the right to organize of teachers, as enunciated in the Tripartite Agreement, is recognized as soon as possible and at the very latest within the time frame mentioned in that agreement;
- (ii) to register the Korean Teachers' and Educational Workers' Union (CHUNKYOJO) so that it can legally defend and promote the interests of its members as soon as the right to organize of teachers is legalized;
- (iii) to consider extending the right of association, recognized as of 1 January, 1999, for certain categories of public servants, to all those categories of public servants who should enjoy this right in accordance with freedom of association principles;
- (iv) to take steps to recognize, as soon as possible, the right to establish and join trade union organizations for the above-mentioned public servants;
- (v) to speed up the process of legalizing trade union pluralism at the enterprise level and to this end promote the implementation of a stable collective bargaining system. The Committee suggests that this is a matter that should be discussed in the Tripartite Commission;
- (vi) to repeal section 40 of the Trade Union and Labour Relations Adjustment Act (TULRAA) relating to the requirement to notify to the Ministry of Labour the identity of third parties in collective bargaining and industrial disputes;
- (vii) to repeal the penalties contained in section 89(1) of the TULRAA for violation of the prohibition on persons not notified to the Ministry of Labour from intervening in collective bargaining or industrial disputes;
  - (viii) to amend the list of essential public services contained in section 71 of the TULRAA so that the right to strike is prohibited only in essential services in the strict sense of the term;
- (ix) to provide information on the application in practice of section 42(1) of the TULRAA relating to the prohibition of workplace occupations;
- (x) considering that the prohibition of the payment of full-time union officials by employers is a matter which should not be the subject of legislative interference, to repeal section 24(2) of the TULRAA;
- (xi) to repeal, as provided for in the Tripartite Agreement, the provisions concerning the denial of the right of dismissed and unemployed workers to keep their union membership and the ineligibility of non-members of trade unions to stand for office (sections 2(4)(d) and 23(1) of the TULRAA);
- (xii) to take the appropriate steps so that the Korean Confederation of Trade Unions (KCTU) is registered as a trade union organization as soon as possible and in the interim to ensure that it is invited to participate in the work of the tripartite review or consultative committees on labour matters and entitled to participate in union assistance programmes from which it is currently excluded;
  - (xiii) to provide information on measures taken to give effect to the above recommendations and to keep the Committee informed thereon.
- (b) As regards the allegations of a factual nature:
- (i) the Committee firmly insists that the Government do everything in its power to ensure the dropping of all remaining charges pending against Mr. Kwon Young-kil, former President of the KCTU;
- (ii) the Committee is pleased to learn that the new President is seriously considering an amnesty for those trade unionists detained as a result of their trade union activities; it requests the Government to keep it informed of any developments thereof;
- (iii) Noting with interest prospects for ratification of Conventions Nos. 87 and 98, the Committee reminds the Government that ILO technical assistance is at its disposal, if it so wishes.

B. The KCTU's new allegations

301. In its communication dated 18 August 1998, the KCTU states that on 17 July 1998, the management of Hyundai Motors Co., delivered "termination" notices to some 1,600 workers including elected union officials. The KCTU asserts that the Government, in failing to supervise the conduct of the management of Hyundai Motors Co., has approved a flagrant violation of trade union rights.
302. The KCTU explains that originally Mr. Kim Kwang-shik, the current elected President of the Hyundai Motors Workers' Union (and a vice-president of the Korean Metal Workers' Federation), 25 other elected officials, 89 elected union delegates (shop stewards) and members of rank-and-file activists groups were included in the "termination" list. Later, the management withdrew 11 union officials -- including president Kim Kwang-shik -- from the list. This left 15 full-time union officials on the list for "redundancy termination", together with 89 delegates and 11 officers of union branch offices. A total of 115 elected union officials and delegates were therefore served with "termination notices". A total of 289 members of five major rank-and-file activists groups were also served with "termination notices". Hence, full-time union officers, elected union delegates (shop stewards) and union leaders (the KCTU provides the names of these persons which are reflected in Appendix I) served with termination notice were:
-- 15 full-time union officers;
-- 89 elected union delegates (shop stewards);
-- 11 officers of union branch offices;
- -- two former presidents;
-- 289 members of five rank-and-file activists groups within the union.
303. The KCTU believes the "termination" undertaken by the Hyundai Motors management was an act calculated to destroy the union, which has become one of the most important trade unions in the Republic of Korea. The fact that the current management campaign is bent on destroying the union is demonstrated by its refusal to respond responsibly to the proposal made by the union for cost reduction. The union proposal -- centred on a working hour reduction plan -- included a drastic labour cost reduction package, including wage cuts totalling 250 billion won (5 million won per worker) through a suspension of various allowances and long-term leave with partial wage (the remainder of the wage partially compensated by fund to be created by the union). The new union proposal follows its earlier contribution to cost reduction from the co-sponsored "voluntary early retirement" package in the previous months, which facilitated the reduction of the workforce by more than 8,000 employees. The total cost reduction to be obtained from the union's proposal -- if added to the cost reduction obtained from the "voluntary early retirement" by more than 8,000 workers -- surpasses the original cost reduction goal set by the management.
304. According to the KCTU, it is clear that the forced termination of employment pursued by the management is not grounded on economic reasons. The foremost reason, the KCTU believes, lies in the management's aim to destroy the Hyundai Motors Workers' Union which is one of the most important members of the Korean Metal Workers' Federation and the KCTU itself. Moreover, the Government, apart from its failure to correct the redundancy dismissal plan which includes the dismissal of elected union officers, has also debilitated the trade union in fulfilling its responsibility to defend the rights and welfare of its members by failing to compel the Hyundai Motors management to comply with the legal provision that governs the "redundancy dismissal". The Government has failed to encourage and supervise the Hyundai Motors management to exhaust "every effort to avoid dismissal" as required by the Labour Standard Act (article 31, paragraph 2). It cannot deny its complicity in the Hyundai Motors management's refusal to take any significant effort to avoid "dismissal for managerial reasons" as can be seen by its refusal to entertain the proposals for cost reduction presented by the union. This is highlighted by the fact that the Government, when notified of the Hyundai management's plan on 30 June 1998 for "dismissal for managerial reasons" failed to advise the management to seek the assistance of the Employment Insurance Employment Retention Assistance Fund which can be used to finance various dismissal avoidance efforts. Companies can draw on this Fund -- which currently stands at around 1 trillion won -- for financial assistance in undertaking working hour reduction, in-house skills upgrading training, etc. as a means for employment retention. The Government's negligence to uphold the legal provisions calling for sincere efforts on the part of the management is aggravated by its approval of the management's plan to use the "dismissal for managerial reasons" as a means to attack, debilitate and destroy the trade union. In doing so, the Government -- as the state authority entrusted with the responsibility to uphold basic trade union rights -- cannot escape the charge of committing a serious violation of the freedom of association.
305. The KCTU then goes on to protest the arrest and imprisonment of trade unionists for legitimate trade union activities. It contends that currently 57 trade unionists, including Mr. Koh Young-joo, the General Secretary of KCTU, are held in prison. Furthermore, some 200 trade unionists, including Mr. Yoo Deuk-sang, the First Vice-President of KCTU, and Mr. Dan Byung-ho, Vice-President of KCTU and President of KCTU-affiliated Korean Metal Workers' Federation, have arrest warrants issued against them. The charges against them stem from the May Day rally on 1 May 1998 and two general strikes organized by KCTU on 27-28 May 1998 and 14-16 July 1998 (and strike actions at individual enterprises).
306. The May Day rally was organized by the KCTU to highlight the suffering of workers from rampant mass dismissals and rapidly expanding job losses leading to mass unemployment brought about by the acute economic crisis and the unilateral structural adjustment policies undertaken by the Government. The KCTU had obtained prior permission for the mass meeting of workers -- attended by some 30,000 workers from all over the Republic of Korea -- and the street march in Seoul. However, the police, who had cordoned off the site of the mass meeting, obstructed the peaceful activities by harassing workers who were trying to take part in the rally. Furthermore, the police fired barrages of tear gas into the crowd participating in the mass meeting. Once the mass meeting had finished, KCTU members prepared to march on the footpath as planned and reported to the police. However, the riot police blocked the road and the footpath and prevented the march from starting off. When more people from the mass meeting gathered to begin the march, the riot police responded by firing tear gas from multiple launching vehicles. The KCTU members were forced to disperse and fill out into the street to avoid the effect of tear gas. The continued tear gas barrage triggered a clash between the more than 30,000 workers and the riot police as workers tried to keep their ranks to continue with the march. The Government responded to the police-provoked clash with warrants of arrest against a number of trade unionists who reacted against the police violence. As a result, a number of unionists were arrested. Later, in an agreement between the KCTU and government representatives on 5 June 1998, the Government committed itself to withdraw all charges against persons either arrested or wanted for arrest for the May Day incident. The agreement came following a general strike launched by the KCTU on 27 and 28 May 1998.
307. However, the KCTU was forced to launch another general strike on 14 July for three days to protest the failure of the Government to honour the agreement made on 5 June. The strike, led by the members of the Korean Metal Workers' Federation, the Korean Telecom Trade Union, and the workers of five banks forcibly closed by the Government, was declared illegal by the Government, despite the fact that the individual unions which took part in the general strike had complied with all the procedural conditions prescribed by the law. According to the KCTU, the Government had absolutely no legal cause for declaring the strike action of the unions affiliated to the Korean Metal Workers' Federation illegal. On the other hand, the strike by the Korea Telecom Trade Union was seen by the Government to be a violation of the Trade Union and Labour Relations Adjustment Act (TULRAA) which defines the telecommunication industry as an "essential public service" in which collective action is illegal. However, the KCTU indicates that it cannot accept the Government's decision with regard to the illegality of the strike by the Korea Telecom Trade Union because the relevant legal provision on which it is based is in violation of freedom of association principles.
308. Another reason for calling a general strike relates to the legal provision which recognizes only those industrial actions and disputes between an employer and employees at the workplace as protected (article 2, TULRAA). It means that a union can only undertake "industrial action" on workplace-specific issues, and that a national trade union organization cannot take action on general economic and social policy issues. This narrow definition of legitimate trade union action in defence of workers' rights and welfare has long been seen as a debilitating limitation on basic trade union rights.
309. The Government declared the 14-16 July general strike illegal and issued warrants of arrest against some 140 trade union leaders. As a result of the Government's hunt against trade union leaders, the General Secretary of the KCTU was arrested on 19 July 1998. Some 57 leaders and officers of the Korean Metal Workers' Federation, the Korea Telecom Trade Union, the Korean Federation of Public Sector Unions and the Korean Federation of Financial Institutes Labour Unions were arrested and held either by the police or the public prosecutor (names of these persons are attached to this complaint in Appendix 2). On 30 July, the KCTU reached an agreement with the Government whereby the Government promised to minimize legal action against the KCTU unionists. Despite the promise, the Government continues to incarcerate the trade union leaders, either by continuing imprisonment or threats of arrest. As a result, currently 57 trade union leaders are held in prison, others forced to seek refuge at the Myondong Cathedral, while still many other local leaders are hiding to keep at bay the police dragnet. The continued government harassment against the leaders has seriously disrupted and disabled the proper functioning of the trade unions in times of serious difficulty faced by the members in the context of worsening economic crisis.
310. In its communication dated 9 September 1998, the KCTU points out that recently the Government dismissed two of its employees for being involved in the efforts to build an independent civil servants' organization. The first dismissal, on 22 June 1998, came when the Kwangju Regional Taxation office ordered a punishment of dismissal against Mr. Kim Dong-il, a taxation secretary at the Mokpo Taxation Office Branch. The order followed a decision by the Kwangju Regional Taxation Office Ordinary Disciplinary Board on 12 June (a copy of this decision is attached to the complaint). The second government retaliation against the autonomous efforts of government employees came as the Yongsan Ku Office (Yongsan-Ku is a city-level district within Seoul, while Seoul is a province-level administrative unit in Korea) ordered, on 4 August 1998, the dismissal of Lee Seung-chan following its request, on 17 April, to the Second Personnel Committee of Seoul City Administration for a "heavy disciplinary action" (a copy of this decision is attached to the complaint). The two public servants were dismissed by the Government -- following the deliberations of the relevant disciplinary authority -- for their involvement in the "Public Servants' Works Council Preparation Committee". The Preparation Committee has been organized by a small number of currently employed public servants and those who have already left the public service. The body was originally organized as a "National Public Servants' Union Preparation Committee" with the assistance of the KCTU.
311. The KCTU explains that the "Union Preparation Committee" was initiated in early 1997 by some current and former public servants to begin raising awareness on the need for organizing public servants. It worked closely with the KCTU, as the KCTU was a leading organization critical of the Government's prohibition of the unionization of public servants or government employees. The "Union Preparation Committee" was transformed into the "Public Servants' Works Council Preparation Committee" following the government commitment to allow a non-union voluntary association of public servants as a precursor to possible lifting of the ban on unionization. Subsequently, the Government introduced a law to provide a legal provision for a "public servants' works council" and began preparing necessary decrees and regulations for the establishment and operation of a "public servants' works council", in time for the scheduled implementation of the law set for January 1999. The "Preparation Committee" set out a plan of activities involving education, publicity, etc. It was important to educate public servants of what a "works council" could do, how it could be done, what were its rights, how it could be made most effective, etc. But neither the "Preparation Committee" nor the KCTU and other trade union organizations were given a hearing by the Government in its preparations for laying down the basic framework of the public servants works councils. Instead, the Government dismissed two public servants in retaliation for their involvement in the "Preparation Committee", insisting that public servants are not allowed to engage in any kind of "collective activity".
312. More specifically, the KCTU describes the events leading to the dismissal of the two public servants. According to the "personnel directive" issued by the Chief of the Kwangju Regional Taxation Office, on 22 June, to Mr. Kim Dong-il, Mr. Kim was found to have been involved in the "Public Servants' Works Council Preparation Committee" and acted, since 22 March 1998, as one of its co-chairpersons. He was also found, on 25 March 1998, to have taken part in a press conference held by the Preparation Committee, to declare its views on the "Government's decision to reduce public servants' wages". The Preparation Committee, of which Mr. Kim is a co-chairperson, was also producing a weekly bulletin distributed to employees throughout government offices. The directive notes that Mr. Kim had been investigated by the Auditors' Office of the Kwangju Regional Taxation Office as his activities and involvement with the Preparation Committee were deemed illegal. The directive also notes that Mr. Kim had contacted the KCTU by telephone in October 1997 to seek advice and left his contact details. The directive outlines the results of the investigation by the authority: on 25 March 1998 the Preparation Committee held a press conference, issuing a statement in the name of the co-chairpersons, expressing its opposition to the government decision to cut back the wages of civil servants by 10 per cent. Following the press conference, Mr. Kim, as one of the co-chairpersons, gave an interview with a weekly newspaper. In this interview, Mr. Kim explained the need for a civil servants' trade union and why the group opposed the wage cut. The interview was published on 8 April 1998. The directive concludes that Mr. Kim "has taken part in the Preparation Committee knowing that it is an illegal body not recognized by the law, has accepted the offer to serve as one of the co-chairpersons, gave interviews in his capacity as the co-chairperson, explaining the need for a public servants' trade union and the opposition to the government plan to cut 10% in wages". It continued to state that a bulletin named "Together on this path" was published by the Preparation Committee with Mr. Kim as the publisher. From these findings, the directive concludes that "these activities can be deemed as collective action and it can also be deemed that the accused has taken active part in these activities". The directive, therefore, asserts that the "actions of the accused are in violation of the prohibition of collective action stipulated in Article 66 of the State public Servants Act, and thus can be subject to disciplinary action as stipulated in Number 2, Paragraph 1 of Article 78 of the same law". On the basis of the decision of the disciplinary board, the Director-General of the Kwangju Regional Taxation Office, on 22 June 1998, issued a "notice of personnel appointment" to order the dismissal based on No. 2, Paragraph 1 of Article 78 of the State Public Servants Act.
313. The KCTU points out that in another case, Mr. Lee Seung-chan was notified by the Mayor of the Yongsan-Ku Office that he had requested the disciplinary body of Seoul City Authority to hand down a "heavy disciplinary action" against him for the violation of the prohibition on collective activity stipulated in Article 58 of the Regional Public Servants Act for his involvement in the "Public Servants' Works Council Preparation Committee". Later, on 4 August 1998, Mr. Lee was served with a "disciplinary action" of dismissal on the basis of the allegations. The preliminary investigation report submitted on 17 April 1998 by the Yongsan-Ku Office to the Seoul City Administration outlines the findings against Mr. Lee. The report notes that "the Public Servants' Works Council Establishment and Operation Act does not contain any regulations permitting any kind of preparatory activities towards the establishment of a public servants' works council" and that "public servants, apart from those working in manual jobs (railway, postal service, national medical centres), are not allowed by the stipulations of the current public servants act (State Public Servants Act, Paragraph 66, and Regional Public Servants Act, Paragraph 58) to take part in labour movements or any other collective activities apart from that required for official duties". It also notes that "currently serving civil servants cannot, under the current law, take part in the ?Public Servants' Works Council Preparation Committee'". Nevertheless, Mr. Lee "on March 16, 1998, expressed his willingness to participate in the Committee in a telephone conversation with the general secretary of the body. On March 22, 1998, he took part in a meeting of the Committee in Seoul where he was inducted as a co-chairperson. Later he was listed as a co-publisher of the bulletin of the Committee. At the March 22 meeting he had directed the general secretary to release a statement to the media calling to limit the wage cuts for lower level civil servants to 5%". On 12 April 1998, Mr. Lee is noted to have taken part in a symposium held in the meeting room of the Korean Confederation of Trade Unions. In this gathering, Mr. Lee is found to have presented a talk on "The role and direction of the Public Servants' Work Council" based on a seven-page document he had prepared. The Mayor of Yongsan-Ku, based on the above findings, went on to request the disciplinary board of the Seoul City Administration to hand down a "heavy disciplinary measure" in accordance with paragraph 1, Article 69 of the Regional Public Servants Act for violation of Article 58 of the same law. On 4 August 1998 the Mayor of Yongsan-Ku issued a personnel directive that Mr. Lee be dismissed -- like Mr. Kim Dong-il, the other co-chairperson -- for his involvement in the Preparation Committee.
314. The KCTU asserts that the disciplinary actions taken by the Kwangju Regional Taxation Office and the Yongsan-Ku Office are based on an administrative guideline entitled "Countermeasures in response to the ?Public Servants' Works Council Preparation Committee'" prepared by the Ministry of Government Administration and Home Affairs on 3 April 1998 and delivered to all government offices throughout the country (a copy of these countermeasures is attached to the complaint). These countermeasures note that since "the Public Servants' Works Council Establishment and Operations Act does not contain any stipulation permitting any kind of preparatory activities with regard to the establishment of Public Servants' Works Councils", public servants -- apart from those engaged in manual work (railways, postal service, national medical centres) -- are not, in accordance with the current laws on public servants (paragraph 66 of the State Public Servants Act and paragraph 58 of the Regional Public Servants Act), allowed to take part in any kind of collective activities such as labour movement, apart from the official duties. These countermeasures conclude, therefore, that it is a violation of the current laws if a currently employed public servant is involved in the "Public Servants' Work Council Preparation Committee" and reiterates the ban on any collective activities, including the preparatory activities for the establishment of public servants' works councils. It warns: "any effort to establish any kind of organization with an aim to contribute to the smooth process of establishing or the operations of Public Servants' Works Councils prior to the implementation of the Act (to come into enforcement on 1 January 1999) or any activities of collective expression of views is a clear violation of the current laws. These activities shall therefore be dealt with strictly in accordance with the law". The "administrative guideline" ends by urging all heads of government offices to "develop a thorough understanding through education and other activities among all public servants so that they do not suffer any disadvantage by either participating in such a body or being deceived by it. Furthermore, all violators should be dealt with in accordance with legal regulations."
315. The KCTU contends that the recent government handling of the "Public Servants' Works Council Preparation Committee" makes clear that freedom of association for government employees continues to remain a hopeless cause, as workers are told that they will only be able to organize or join such an organization which is designed and dictated to or permitted by the Government. The "Public Servants' Works Council Preparation Committee", as the name suggests, is willing to accept -- despite the natural disappointment and misgivings -- "Public Servants' Works Council" as an important development. The Preparation Committee's work is devoted to providing information and assistance for the establishment and operation of the works councils. The Preparation Committee believes, however, that genuine freedom of association is only possible when employees are able to form an organization of their choice. The Preparation Committee believes the "works council" can be an important first step towards realizing true freedom of association. The KCTU shares the views of the Preparation Committee that -- despite many shortcomings -- the Public Servants' Works Council is a significant step forward towards full freedom of association. But without a genuine change in its attitude, the Government risks suppressing all independent efforts of government employees and forcing the yet-to-be established "works councils" to be nothing more than a government organization rather than an independent organization of government employees which can, within the limited scope allowed by the Government, defend their rights and welfare.
316. The KCTU considers that the recent dismissal of the two co-chairpersons of the "Preparation Committee" casts a serious doubt over the Government's intentions. The KCTU states that it is sceptical as to whether the Government will allow "works councils" to develop into genuine and autonomous collective associations even if they may not be unions. The KCTU also doubts the Government's willingness to lift the ban of unionization based on the experience of works councils. According to the KCTU, it is possible that "works councils" may turn out to be nothing more than a grievance-handling mechanism, rather than free and independent associations of public servants which can be a precursor to genuine unionization. The dismissals, the KTCU believes, are a serious violation of a very basic labour right, in addition to constituting a violation of freedom of association in that the Government continues to prohibit public servants from unionizing.

C. The Government's reply

317. In its communication dated 29 September 1998, the Government indicates that since most of the contents contained in the Committee's interim recommendations are being discussed in the second Tripartite Commission of the Republic of Korea, the Government will provide information on the launch of the Tripartite Commission and the discussions taking place within it. The second Tripartite Commission was launched in June 1998 as a presidential advisory body. It was established on the recommendation of the Grand Tripartite Compromise of 6 February 1998 that a permanent organization be set up to ensure close consultation and cooperation between economic partners to overcome the current economic crisis and to achieve nationwide unity. The second Tripartite Commission is composed of two members from government ministries (the Ministry of Labour and the Ministry of Finance and Economy), two from management (the Korea Employers' Federation (KEF) and the Federation of Korean Industries (FKI)), two from labour (the Federation of Korea Trade Unions (FKTU) and the Korea Confederation of Trade Unions (KCTU)), four from political parties (National Congress for New Politics, United Liberal Democrats, Grand National Party) and five from academic circles, totalling 15 members. The second Tripartite Commission has four subcommittees, including the Subcommittee on Industrial Relations which has selected ten priority tasks, including that of guaranteeing teachers' and public officials' basic labour rights. These ten priority tasks are as follows:
- -- guarantee teachers' and public officials' basic labour rights;
- -- recognition of unemployed workers' right to join non-enterprise level trade unions;
- -- revision of the Political Fund Act to ensure trade unions' political activities;
- -- reduction of the statutory work-hour;
- -- improvement of the wage system;
- -- issue of imposing sanctions on employers who pay wages to full-time union officials;
- -- issue of scope adjustment of essential public services;
- -- activation of labour-management consultation at industrial and regional levels;
- -- system of trade union organization and negotiation (enterprise level and/or industry level);
- -- improvement of the retirement pay system.
318. Regarding the right to organize of teachers, the first Tripartite Commission agreed that the Government would proceed with modifying the related laws at the regular session of the National Assembly in 1998 with a view to guaranteeing the right to organize of teachers' unions from July 1999. The second Tripartite Commission is currently discussing the matter to submit the relevant bill to the National Assembly during the fourth quarter of 1998.
319. Regarding public officials' rights of association, the Government points out that the Act on the Establishment and Operation of Workplace Associations for Public Officials was promulgated on 24 February 1998 to ensure public officials' rights of association, and is scheduled to be effective from 1 January 1999. Workplace associations, which will be established in each administrative organization from next year, will be regulated by the above law and thereafter operational problems and deficiencies continuously supplemented. Moreover, since the Subcommittee on Industrial Relations of the second Tripartite Commission has already selected the issue of "Public officials' and teachers' basic labour rights" as one of the top ten priorities, the Government will take appropriate measures regarding this issue by accommodating the Tripartite Commission's discussions thereon.
320. Furthermore, since the issues of the revision of the list of essential public services contained in the law, the speeding up of the process of legalizing trade union pluralism at the enterprise level, and the prohibition of the payment of wages to full-time union officials, were also selected as ten priority tasks in the second Tripartite Commission, these issues will be fully discussed at the Commission.
321. Regarding the right of dismissed and unemployed workers to keep their union membership, the Government explains that the first Tripartite Commission had agreed that the Government should submit a proposal to revise the related law to the National Assembly in February 1998, so that the right of unemployed workers to join trade unions at the industry-wide or regional level would be recognized. The Government submitted a bill recognizing the right of unemployed workers to join non-enterprise level trade unions, but the law was not enacted by the National Assembly for the reason that the scope and qualifications of the unemployed were not sufficiently scrutinized. Therefore the National Assembly decided to discuss the matter in forthcoming sessions. As the second Tripartite Commission has already identified this matter as one of its ten priority tasks, it will have in-depth discussions on this matter.
322. With regard to the issue of the repeal of the requirement, contained in the law, to notify the identity of third parties to the Ministry of Labour, the Government points out that the labour sector is not taking issue with this matter. Therefore, this issue is expected to be discussed in the Tripartite Commission in future, if necessary.
323. Finally, concerning the registration of the KCTU, the Government contends that the KCTU can be registered as a legitimate entity any time if it fulfils the legal requirements. In any event, the KCTU is actively engaged in labour activities as a confederation of trade unions. It is participating in the first and second Tripartite Commissions as one of the representatives of labour.
324. Regarding the factual aspects of this case, the Government turns to the issue of the remaining charges pending against Mr. Kwon Young-Kil, former President of the KCTU. It indicates that the Ministry of Justice is going to drop the charges for violation of the related provisions of the Law on Prohibiting the Collection of Contributions, which was judged to be unconstitutional by the Constitutional Court.
325. In its more recent communication dated 23 October 1998, the Government first of all turns to the KCTU's allegation that employment adjustment for urgent managerial reasons was carried out for the purpose of disrupting the Hyundai Motors' Trade Union, and that there was a lack of government supervision on such practice. The Government points out that related legislation prescribes that where employment adjustment is inevitable for managerial reasons, an employer shall select the workers to be laid off based on reasonable and fair standards. In the process of selecting workers to be dismissed, where there is any unfair labour practice, namely placing a worker on the redundancy list on grounds of this worker's union activities, the worker can file a relief request to the Labour Relations Commission in accordance with the related law. With regard to the Hyundai Motors' redundancy notice in July 1998, labour and management agreed on the following on 24 August 1998: (i) the management would reduce the number of workers to be dismissed from the originally planned 1,538 to 277; (ii) if there was a dispute on whether the workers to be dismissed had been selected by reasonable and fair criteria, that dispute should be settled by legal procedures. Finally, so far, thanks to the above-mentioned agreement, there had been no problem raised by labour regarding this case.
326. With regard to the KCTU's allegation that 57 unionists who participated in legitimate union activities were imprisoned, and that arrest warrants were issued for 13 workers from May to July 1998, the Government states the following. Six workers, Kim Myong-ho, Lee Hee, Kim Kwang-ho, Kim Seong-su, Choi Jong-ho and Park Bok-kwan, were not imprisoned, nor were any arrest warrants issued for them. Judicial proceedings are being undertaken by the competent authorities for other workers who are suspected of violating the Penal Code by committing violent actions such as attacking policemen and managerial employees, occupying and setting on fire rail tracks, and interfering with banking and business operations.
327. With regard to the allegation that the dismissal of two public servants (Lee Seung-Chan, from the Yongsan Ku Office, and Kim Dong-Il, from the Mokpo Tax Office branch) constitutes an infringement of the right of public servants to organize, the Government states that these two public servants were dismissed according to legitimate procedures as the competent disciplinary commitees had determined that the two persons had violated the current service regulations of public officials. On 3 July 1998 Kim Dong-Il filed a request against this action to the Deliberation Committee in the Ministry of Government Administration and Home Affairs; the Committee rejected Kim Dong-Il's request on 24 August. Lee Seung-Chan also took similar action, and this case is now pending for deliberation scheduled for November 1998.
328. Regarding the issue of an amnesty by the President for those trade unionists detained as a result of their trade union activities, the Government indicates that all the 29 unionists who had been detained were released. Seven unionists were freed by the special amnesty on 13 March 1998; 11 had their sentences suspended; nine were released on bail; one had the indictment suspended; and one completed his prison term.

D. The Committee's conclusions

329. During its previous examination of this case, the Committee had recalled that while the Trade Union and Labour Relations Adjustment Act (TULRAA) which was enacted on 13 March 1997 contained a number of amendments which constituted progress towards acceptance of its previous recommendations, certain provisions that the Committee had deemed to be contrary to freedom of association principles had not been amended. In this respect, the Committee had noted with interest that a Tripartite Commission composed of representatives of the Government, business and the two central trade union organizations (FKTU and KCTU), as well as of Members of Parliament belonging to other political parties, had been established on 15 January 1998 to deal with a series of reforms on labour-related issues, including those relating to freedom of association, and that these reforms, if implemented, would necessitate the corresponding amendments to the TULRAA. The Committee notes the Government's statement that a second Tripartite Commission with more or less the same composition and mandate as the first, was established in June 1998. One of this Commission's subcommittees, the Subcommittee on Industrial Relations, is mandated to deal with a series of issues including those raised by the Committee during its previous examination of this case.
- Allegations of a legislative nature
330. The Committee recalls that the issues of a legislative nature that were raised during its previous examination of this case related to the legalization of teachers' unions, the right to organize of public servants, trade union pluralism at the enterprise level, the lifting of the ban on third-party intervention in collective bargaining and industrial disputes, the right to strike in non-essential public services, industrial action in the form of workplace occupations, the payment of wages to full-time union officials, the denial of dismissed and unemployed workers to keep their union membership and the ineligibility of non-members of trade unions to stand for office and the lack of legal status of the KCTU. The Committee reiterates its earlier conclusions in respect of all of the above issues (see 309th Report, paras. 143 to 154). It firmly hopes that these issues will be resolved as soon as possible within the framework of the second Tripartite Commission in a manner that will ensure full compliance with the Committee's previous recommendations on these issues which were the following:
- (i) to take the appropriate steps so as to ensure that the right to organize of teachers, as enunciated in the Tripartite Agreement, is recognized as soon as possible and at the very latest within the time frame mentioned in that agreement;
- (ii) to register the Korean Teachers' and Educational Workers' Union (CHUNKYOJO) so that it can legally defend and promote the interests of its members as soon as the right to organize of teachers is legalized;
- (iii) to consider extending the right of association, recognized as of 1 January, 1999, for certain categories of public servants, to all those categories of public servants who should enjoy this right in accordance with freedom of association principles;
- (iv) to take steps to recognize, as soon as possible, the right to establish and join trade union organizations for the above-mentioned public servants;
- (v) to speed up the process of legalizing trade union pluralism at the enterprise level and to this end promote the implementation of a stable collective bargaining system. The Committee suggests that this is a matter that should be discussed in the Tripartite Commission;
- (vi) to repeal section 40 of the Trade Union and Labour Relations Adjustment Act (TULRAA) relating to the requirement to notify to the Ministry of Labour the identity of third parties in collective bargaining and industrial disputes;
- (vii) to repeal the penalties contained in section 89(1) of the TULRAA for violation of the prohibition on persons not notified to the Ministry of Labour from intervening in collective bargaining or industrial disputes;
  - (viii) to amend the list of essential public services contained in section 71 of the TULRAA so that the right to strike is prohibited only in essential services in the strict sense of the term;
- (ix) to provide information on the application in practice of section 42(1) of the TULRAA relating to the prohibition of workplace occupations;
- (x) considering that the prohibition of the payment of full-time union officials by employers is a matter which should not be the subject of legislative interference, to repeal section 24(2) of the TULRAA;
- (xi) to repeal, as provided for in the Tripartite Agreement, the provisions concerning the denial of the right of dismissed and unemployed workers to keep their union membership and the ineligibility of non-members of trade unions to stand for office (sections 2(4)(d) and 23(1) of the TULRAA);
- (xii) to take the appropriate steps so that the Korean Confederation of Trade Unions (KCTU) is registered as a trade union organization as soon as possible and in the interim to ensure that it is invited to participate in the work of the tripartite review or consultative committees on labour matters and entitled to participate in union assistance programmes from which it is currently excluded.
  - The Committee requests the Government to keep it informed of the outcome of the deliberations within the second Tripartite Commission on all these issues.
- 331. As regards the legislative aspects of this case, the Committee requests the Government to provide information on any measures taken to give effect to the Committee's recommendations thereon.
  - Allegations of a factual nature
- 332. As regards the situation of Mr. Kwon Young-kil, former President of the KCTU, the Government states that the charges pending against him for violation of the Law on the Collection of Contributions are going to be dropped. The Committee notes with concern, however, that Mr. Kwon still faces charges of violating the Law on Public Assembly and Demonstration and the Traffic Law, and that a criminal charge of intrusion into private premises is still pending against him for the holding of the inaugural congress of the KCTU at Yonsei University on 11 November 1995. The Committee would once again firmly insist that the Government do everything in its power to ensure the dropping of all remaining charges which were brought against Mr. Kwon before the January 1997 strikes as a result of his trade union activities.
333. During its previous examination of this case, the Committee had noted that the new President was seriously considering an amnesty for all those persons detained for violations of labour-related laws (see 309th Report, para. 158). The Committee now notes the Government's reply that all the 29 unionists who had been detained were released. Seven were released by the special amnesty on 13 March 1998; 11 had their sentences suspended; nine were released on bail; one had the indictment suspended; and one had completed his prison term.
334. As regards the KCTU's more recent allegation that in July 1998, the management of Hyundai Motors Co. delivered termination notices to some 1,600 workers including elected union officials as part of a plan to destroy the Hyundai Motors Workers' Union, an affiliate of the KCTU, the Government states that originally management had planned to dismiss 1,538 workers as part of a redundancy plan. However, following an agreement reached between the union and management, the number of workers to be laid off was subsequently reduced to 277. The Committee nevertheless notes that the Government does not refute the allegation that elected union officials including 15 full-time union officers, 89 elected union delegates and 11 union branch officers were on the management's original list of workers to be laid off. In this regard, the Committee would remind the Government that in cases of staff reductions, it has drawn attention to the principle contained in the Workers' Representatives Recommendation, 1971 (No. 143), which mentions amongst the measures to be taken to ensure effective protection to these workers, that recognition of a priority should be given to workers' representatives with regard to their retention in employment in case of reduction of the workforce (Article 6(2)(f)) (see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 960).
335. With regard to the KCTU's allegations that 57 trade union leaders were arrested and imprisoned for legitimate trade union activities and that arrest warrants were issued for 13 other KCTU leaders for the same activities, the Committee notes the Government's statement that in fact 53 KCTU leaders have been imprisoned and arrest warrants have been issued against 11 others. The Committee also notes that the reasons given by the KCTU and the Government respectively for these detentions and arrest warrants widely differ. According to the KCTU, these arrests and detentions took place for participation in a May Day rally and two general strikes organized by the KCTU which had complied with all the procedural conditions prescribed by the law. The Government however contends that the trade union leaders concerned were either imprisoned or had arrest warrants issued against them for having committed criminal offences in violation of the Penal Code. The Committee notes that the KCTU does not deny that clashes did occur during the May Day rally. It insists however that these clashes were provoked by the riot police who tried to prevent the march from taking place by repeatedly firing tear gas into the crowd. A number of trade unionists who reacted to the police violence were subsequently arrested. The KCTU nevertheless points out that the Government later committed itself to withdraw all charges against persons either arrested or wanted for arrest for the May Day rally in an agreement reached between the KCTU and government representatives on 5 June 1998.
336. The Committee observes that the Government has not provided any information on this agreement of 5 June 1998 and would therefore ask it to do so. The Committee further observes that the Government has not provided any specific information concerning the police intervention during the May Day rally. The Committee recalls in this respect that trade union rights include the right to hold public demonstrations. The authorities should resort to the use of force only in situations where law and order is seriously threatened. The intervention of the forces of law and order should be in due proportion to the danger to law and order that the authorities are attempting to control and governments should take measures to ensure that the competent authorities receive adequate instructions so as to eliminate the danger entailed by the use of excessive violence when controlling demonstrations which might result in a disturbance of the peace (see Digest, op.cit., para. 137).
337. The Committee must express its deep concern over the fact that trade union leaders and members are still detained or on trial, it would appear, for activities linked to collective labour disputes. The Committee is convinced that it will not be possible for a stable industrial relations system to function harmoniously in the country as long as trade unionists are the subject of detentions and judicial proceedings. The Committee considers that, in the new climate of tripartism prevailing in the country, it would be particularly appropriate for the authorities to pursue measures which would allow for the building of a new industrial relations system based on a climate of confidence. The Committee therefore urges the Government to take the appropriate measures so that the persons detained or on trial or for whom arrest warrants have been issued as a result of their trade union activities are released or that the charges brought against them are dropped or that the arrest warrants are withdrawn. In the case of persons charged with violence or assault, the Committee asks the Government to ensure that these charges are dealt with as soon as possible. It requests the Government to provide information concerning measures taken on all these points.
338. With regard to the alleged dismissal of two public servants, Lee Seung-Chan and Kim Dong-Il, for their involvement in the "Public Servants' Work Council Preparation Committee", a body responsible for organizing preparatory activities for the establishment of public servants' works councils, the Government confirms that these two officials were indeed dismissed by the competent disciplinary committees for having violated the current service regulations of public servants. The Committee must express its concern over these developments since it has reminded the Government on several occasions -- first, in Case No. 1629 (see 286th Report, paras. 558-575; 291st Report, paras. 416-426; and 294th Report, paras. 259-275) and then in Case No. 1865 (see 304th Report, paras. 242-254; 306th Report, paras. 295-346; 307th Report, paras. 177-236; and 309th Report, paras. 120-160) -- that current legislation governing public servants which denies them the right to organize is contrary to freedom of association principles. Moreover, while noting the Government's statement that the Act on the Establishment and Operation of Workplace Associations for Public Officials, scheduled to be effective from 1 January 1999, will ensure the right of association of public servants, the Committee fails to see how these work councils can become truly operational on that date if public servants are prohibited from providing and/or receiving information and assistance for the establishment and operation of such work councils within the framework of the Preparation Committee. Regretting this serious setback for the recognition of the right to associate (and gradually of the right to unionize) of public servants, the Committee urges the Government to take the necessary measures to ensure that these two public servants, Lee Seung-Chan and Kim Dong-Il, are immediately reinstated in their jobs. It requests the Government to keep it informed of progress made in this regard.

The Committee's recommendations

339. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) As regards the legislative aspects of this case, the Committee requests the Government:
- (i) to take the appropriate steps so as to ensure that the right to organize of teachers, as enunciated in the Tripartite Agreement, is recognized as soon as possible and at the very latest within the time frame mentioned in that agreement;
- (ii) to register the Korean Teachers' and Educational Workers' Union (CHUNKYOJO) so that it can legally defend and promote the interests of its members as soon as the right to organize of teachers is legalized;
- (iii) to consider extending the right of association, recognized as of 1 January, 1999, for certain categories of public servants, to all those categories of public servants who should enjoy this right in accordance with freedom of association principles;
- (iv) to take steps to recognize, as soon as possible, the right to establish and join trade union organizations for the above-mentioned public servants;
- (v) to speed up the process of legalizing trade union pluralism at the enterprise level and to this end promote the implementation of a stable collective bargaining system. The Committee suggests that this is a matter that should be discussed in the Tripartite Commission;
- (vi) to repeal the requirement, contained in section 40 of the TULRAA, to notify to the Ministry of Labour the identity of third parties in collective bargaining and industrial disputes as well as the penalties contained in section 89(1) of the TULRAA for violation of the prohibition on persons not notified to the Ministry of Labour from intervening in collective bargaining or industrial disputes;
- (vii) to amend the list of essential public services contained in section 71 of the Trade Union and Labour Relations Adjustment Act (TULRAA) so that the right to strike is prohibited only in essential services in the strict sense of the term;
  - (viii) to provide information on the application in practice of section 42(1) of the TULRAA relating to the prohibition of workplace occupations;
- (ix) considering that the prohibition of the payment of full-time union officials by employers is a matter which should not be the subject of legislative interference, to repeal section 24(2) of the TULRAA;
- (x) to repeal the provisions concerning the denial of the right of dismissed and unemployed workers to keep their union membership and the ineligibility of non-members of trade unions to stand for office (sections 2(4)(d) and 23(1) of the TULRAA);
- (xi) to take the appropriate steps so that the Korean Confederation of Trade Unions (KCTU) is registered as a trade union organization as soon as possible and in the interim to ensure that it is invited to participate in the work of the tripartite review or consultative committees on labour matters and entitled to participate in union assistance programmes from which it is currently excluded and to provide concrete information thereon;
- (xii) to keep the Committee informed of the outcome of the deliberations within the second Tripartite Commission on the above issues, which the Committee firmly hopes will be resolved as soon as possible in a manner that will ensure full compliance with the Committee's recommendations;
  - (xiii) to provide information on measures taken to give effect to the above recommendations and to keep the Committee informed thereon.
- (b) As regards the allegations of a factual nature, the Committee firmly insists that the Government do everything in its power to ensure the dropping of all remaining charges pending against Mr. Kwon Young-kil, former President of the KCTU.
- (c) As regards the KCTU's new allegations contained in communications dated 18 August and 9 September 1998, respectively:
- (i) the Committee requests the Government to provide information on the agreement reached between the KCTU and government representatives on 5 June 1998 in which the Government allegedly committed itself to withdraw all charges against KCTU leaders either arrested or wanted for arrest for the May Day rally;
- (ii) the Committee urges the Government to take the appropriate measures so that the persons detained or on trial or for whom arrest warrants have been issued (see Appendix 2) as a result of their trade union activities are released or that the charges brought against them are dropped or that the arrest warrants are withdrawn. In the case of persons charged with violence or assault, the Committee asks the Government to ensure that these charges are dealt with as soon as possible. It requests the Government to provide information concerning measures taken on all these points;
- (iii) the Committee urges the Government to take the necessary measures to ensure that the two public servants, Lee Seung-Chan and Kim Dong-Il, are immediately reinstated in their jobs. It requests the Government to keep it informed of progress made in this regard.

Appendix 1

Hyundai Motors Workers' Union leaders served with termination notice
Full-time union officers (15)
PARK Yu-ki Executive Director, Planning Department
SUM Hyung-lahk Director, Policy Department I
KIM Fiee-hwan Executive Director, Organising Department
SONG Woon Hwan Director, Research and Statistics Department
JEUN Yong-kook Assistant Director, Research and Statistics
Department
JEUNG Deuk-kyu Assistant Director, Publicity Department
PARK Byung-suhk Director, Industrial Health and Safety
KIM Kwon-su Director, Solidarity Outreach Department
CHO Sung Director, General Administration Department
LEE Sang-yong Director, Welfare Department
KIM Jae-young Director, Organising Department
LIM Jong-seung Director, Organising Department
KIM Chi-young Director, General Administration Department
CHOI Byung-cheoi Director, Workers Cultural Activity
Elected union delegates/shop stewards (89)
1. Logistical Support Division
KIM Ki-soo
CHA Sang-hwan
PARK Young-ae
PARK Won-deuk
2. Passenger Car Division I
BAE Dae-kwan
PARK Chan-kyung
CHOI Jin-seup
KIM Dae-shik
KIM Kyung-suhk
SANG Il-hern
LEE Jin-hyuk
NOH Seong-soo
KIM In-jae
LEE Young-joon
3. Passenger Car Division II
CHOI Tae-seung
KIM Hwa-mook,
SUH Yong-jin
LEE Chae-keun
PARK Choong-kil
YOO Hong-yeul
HYUN Jin-kyung
KIM Hyun-kwi
LEE Jin-kyu
KWON Young-gak
CHANG Yeun-sook
AHN Geun-joan
YOO Ho-seong
4. Passenger Car Division III
LEE Moon-chang
CHUN Young-kil
KIM Joong-hyo
HUH Kyung-ho
CHOI Moon-shik
KWON Oh-il
AHN Kae-seong
CHOI Don-kook
SHIN Kyung-seun
NAM Han-keun
HWANG Bo-hwan
LIM Byung-woo
5. Commercial Vehicle Division IV
HWANG Hae-jeun
LEE Kang-yong
KIM Tae-yong
CHOI Woo-seok
KIM Joo-hee
SONG Doo-ik
KIM Hyung-soo
LIM Jong-jun
JEUN Kwang-hae
KIM Woo-jin
HWANG Hyund-dae
NAM Yang-hee
JEUNG Hwa-seup
KWON Young-dahl
KIM Jae-hyun
6. Engine-Gear Division
SONG Haeng-min
KANG Bong-jin
LIM Byung-bok
HUH Jong-dong
KIM Ssang-yeun
KIM Dong-su
JEUNG Sang-su
CHOI Byung-hyUp
LEE Han-bu
HAN Sang-yong
JEUN Dae-ho
LEE Ki-tae
7. Material Division
KIM Tae-hern
SOHN Jang-seup
PARK Jae-hyun
BAEK Moon-kwang
8. Centre Division
KWAK Ki-yong
AHN Deuk-hoon
KIM He-yeul
KIM Han-min
JOO Yong-woon
9. General Works Division
BAE Mahn-su
KIM Young-koo
KWON Young-dong
HYUN Jae-keun
10. Organic Instruments Division
KIM Byung-jo
KIM Young-kwon
LEE Yong-kil
11. Seat Division
PARK Joon-ho
KIM Chae-kun
JEONG Young-joon
JEONG Young-mo
KIM Tae-gohn
CHOI Boo-gohn
Union Branch Officers (11)
1. Asan Plant Branch
PARK Min-kyu Director, Organising Department
KIM Hyung-seok Chief Delegate/Shop steward
KIM Seung-ki
KIM II-shin
2. Jeunju Plant Branch
JEUNG Hyuk Auditor
SEO Jeung-won Chief Delegate/Shop steward
SEONG Jong-min
KANG Mahn-seok
KIM Dong-kyu
KANG Myung-ho
JEONG II-shik
Former Presidents of the Union (2)
LEE Hern-koo
YOON Seung-keun
Appendix 2
Imprisoned KCTU leaders and major leaders wanted for arrest
Imprisoned KCTU leaders following the May Day rally and two general strikes
1. KOH Young-ju KCTU General Secretary
2. PARK Joon-seok General Secretary, KCTU Ulsan Regional
Council (Vice-President, KMWF-Hyundai
Precision Industry TU)
3. CHOI Jae-ki General Secretary, KCTU Masan-Changwon
Regional Council
4. CHOI Yong-kook Chairperson, Pusan-Yangsan Regional Council,
KMWF
5. JEONG Yun-seup Chairperson, KMWF Incheon-Pucheon Regional
Council
6. KIM Myong-ho Director, Policy Dept. KMWF Ulsan-Regional
Council
7. LEE Hee Director, Publicity Dept. KMWF Ulsan Regional
Council
8. KOOK Hyun-jong Director, Organising Dept. KMWF-Lotte Machine
Engineering TU
9. KOH Hwa-sook President, KMWF-KocomHanse TU
10. KIM Sook-hee Director, Education Dept. KMWF-KocomHanse TU
11. KIM Jong-hyun President, KMVVF-Hanyoung Industry TU
12. KIM Sang-ryul General Secretary, KMWF-Hanyoung Industry TU
13. KIM Hee-dae Director, Organising Dept. KMWF-Hanyoung
Industry TU
14. KIM Kwang-ho Member, KMWF-Hanyoung Industry TU
15. SOHN Nak-koo President, KMWF-Koryo Machinery TU
16. NAM Tak-kyu Director, Industrial Action Dept., KMWF-Kia
Motors TU
17. BYUN Hee-won Member, KMWF-Kia Motors TU
18. YOON Young-kyu Member, KMWF-Kia Motors TU
19. KIM Hyung-ryul Member, KMWF-Hyundai Motors TU
20. KIM Hyung-joon Member, KMWF-Hyundai Motors TU
21. RYU Ki-joon Member, KMWF-Hyundai Motors TU
22. KIM Dong-kyu Member, KMWF-Hyundai Motors TU
23. KOO Ja-young Member, KMWF-Hyundai Motors TU
24. LEE Byung-nam Member, KMWF-Hyundai Motors TU
25. LEE Dong-hee Member, KMWF-Hyundai Motors TU
26. KIM Seong-su Member, KMWF-Hyundai Motors TU
27. JI Jin-seung Member, KMWF-Hyundai Motors TU
28. RAH Seong-hoon Member, KMWF-Hyundai Motors TU
29. SUH Hae-cheol First Vice-President, KMWF-Incheon
Iron and Steel TU
30. AHN Yeun-kook Member, KMWF-Mando Machinery TU
31. YUH Kyu-yeup Chairperson, KFPSU-KTTU Daegu Regional
32. KIM Shi-hwan Director, Organising Dept. KFPSU-KTTU
33. SHIN Kyu-shik Director, Organising Dept. KFPSU-KTTU
Seoul Regional
34. SHIN Myong-hee Chairperson, KFPSU-KTTU 114 Service Division
35. AHN Sang-ha President, KFTCU-Taekwang Daehan Chemical
Textile TU
36. SHIN Yonq-joon Director, Policy Dept. KFTCU-Taekwang
Daehan CT TU
37. SONG Kyo-soon General Secretary. KFTCU-Taekwang
Daehan CT TU
38. PARK Soo-gurl Director, Gen. Affairs, KFTCU-Taekwang
Daehan CT TU
39. URM Joon-seup Director, Organising Dept. KFTCU-Taekwang
Daehan CT TU
40. CHOI Sang-berm Director, Education Dept- KFTCU-Taekwang
Daehan CT TU
41. LEE Jang-hwan Member, KOFU-Donghwa Bank TU
42. KIM Min-ho Member, KOFU-Donghwa Bank TU
43. HUH Min Member, KOFU-Donghwa Bank TU
44. CHO Yong-won Member, KOFU-Donghwa. Bank TU
45. LEE Do-seuk Member, KOFU-Donghwa Bank TU
46. KIM Hyun-ju Member, KOFU-Donghwa Bank TU
47. CHO Soo-hee Chairperson, KFCU-LG Chernical Cheongju
Regional
48. JOO Myong-kook Director, Organising Dept. KFCU-LC Chemical
Cheongju Regional
49. KIM Tae-jin President, KFSRLU-Pusan Urban Transit TU
50. KIM Koo-shik Secretary, KFSRLU-Pusan Urban Transit TU
Station Division
51. OH Young-han Secretary, KFSRLU-Pusan Urban Transit TU
Technology Division
52. PARK Se-hyun Secretary, KFSRLU-Pusan Urban Transit TU
Drivers Division
53. JEUNG Jae-hoon Secretary, KFSRLU-Pusan Urban Transit TU
Maintenance Division
54. JEUNG Cheol Secretary, KFSRLU-Pusan UT TU Nopo Station
Branch
55. PARK Yang-soo Secretary, KFSRLU-Pusan UT TU Shinpyung
Station Branch
56. PARK Hyun-woo Director, Education Dept. Pusan UT TU Station
Division
57. AHN Sam-ryul Delegate (shop steward)
KCTU leaders wanted for arrest (warrants of arrest issued) or indicted without
detention
YOO Deuk-sang First Vice-President, KCTU
DAN Byung-ho Vice President, KCTU (President, KMWF)
KIM Ho-seun President, KFPSU (President KTTU)
HONG Yuh-pyo Chairperson, KCTU Masan-Changwon Regional
Council
KIM Kwang-shik President, KMWF-Hyundai Motors Workers' Union
CHO Cheol-woo President, KMWF-Tongil Heavy Industry
Workers' Union
LEE Kyung-soo President, KMWF-Daelim Motors Workers' Union
CHOI Jong-ho President, KMWF-Hyundai Precision Industry
Workers' Union
KOO Choong-il President, KFPSU-Korea Mint Corp. Workers'
Union
CHO Hee-mahn President, KFPSU-Nat'l. Council of Regional
Medical Insurance Coop TU
PARK Bok-kwan President, KFCTU-Hyundai Heavy Equipment
Workers Union
PARK Pyo-kyun Exec. Director, Organizing Dept. KCTU
CHEUNG Seonghee Exec. Director, Solidarity Outreach
Dept. KCTU
All together, more than 200 KCTU trade unionists and leaders have been either
served with arrest warrants or charged without detention.
Abbreviations
KCTU Korean Confederation of Trade Unions
KMWF Korean Metal Workers' Federation
KFPSU Korean Federation of Public Sector Unions
KTTU Korea Telecom Trade Union
KFTCU Korean Federation of Textile-Chemical
Workers Unions
KOFU Korean Federation of Financial Institute
Trade Unions
KFCU Korean Federation of Chemical Workers Unions
KFSRLU Korean Federation of Subway and Railway
Labour Unions
KFCTU Korean Federation of Construction Trade
Unions