Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Republic of Korea (Ratification: 2021)

The Committee notes the observations of the Korea Employers’ Federation (KEF), communicated with the Government’s report, as well as of the Korean Confederation of Trade Unions (KCTU) and the Federation of Korean Trade Unions (FKTU), received on 6 September and 5 October 2024, respectively, and of the International Trade Union Confederation (ITUC), received on 17 September 2024. These observations, together with the Government replies thereto, are examined below.

Civil liberties. The Committee notes the observations of the ITUC and the KCTU, which denounce a climate of intimidation and repression fuelled by the Government, demonstrated by systematic disruption of protests by the police, violent attacks and harassment of unionists, as well as criminalization of union activities. They point to specific incidents in 2023 and 2024, including a special police investigation targeting unionists in the construction sector (950 unionists were summoned for investigation, 16 remain detained and 1 set himself on fire to protest harassment by the authorities) and excessive police violence against two leaders of the Federation of Korean Metalworkers’ Trade Unions (FKMTU) during a sit-in protest in May 2023. The Committee notes that the Government does not refute these incidents but asserts that police investigation and crackdowns were motivated by unlawful activities and unreasonable practices (threats, coercion, obstruction of work) in the construction sector and were conducted in accordance with the law, irrespective of the group or organization involved (4,829 workers were referred to the Prosecutor with 148 arrested and 144 found guilty so far and more than 1,950 construction sites were investigated for suspicion of illegal subcontracting). Regarding the incidents with the FKMTU leadership, the Government states that the sit-in protest was located on a scaffolding built by the unionists, causing inconvenience to commuters and presenting a significant security risk and that the unionists became violent when police approached them.

The Committee previously requested information on any charges pending against members of the KCTU (Mr Yang Kyeung-soo, Mr Youn Taeg-gun and 40 other unionists) in relation to the rallies and the general strike of 2021 and the progress and outcome of the judicial process in their cases. While noting the Government’s explanation that it does not separately keep track of this information and that details regarding individuals under investigation are not subject to disclosure, the Committee notes from the KCTU observations that Mr Yang and Mr Youn were sentenced to one year and six months of imprisonment, respectively, and fined.

While acknowledging the challenges for freedom of assembly during the COVID-19 pandemic, as well the challenges for the State authorities to control potentially unlawful measures in certain sectors, the Committee recalls the importance of civil liberties, in particular the right to freedom and security of person, freedom from arbitrary arrest and detention, freedom of opinion and expression and freedom of assembly, for the full development of freedom of association. Noting with concern the allegations of a climate of repression against trade unionists, including the above incidents of violence and mass investigations, the Committee requests the Government to ensure that basic civil liberties and fundamental freedoms, which are a prerequisite for the exercise of trade union rights protected by the Convention, are fully respected by State authorities in the management of public protests, rallies and when taking law enforcement measures against trade unionists, so as to avoid undue restrictions on the exercise of freedom of association.

The Committee further observes with concern that, on 3 December 2024, the President declared martial law, imposing important restrictions on several civil liberties. While observing that the martial law was lifted the next day, the Committee urges the Government to ensure that this situation and any measures that may result therefrom do not restrict the rights protected by the Convention and in particular the civil liberties necessary for the exercise of freedom of association. The Committee requests the Government to provide information on any developments in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2026.]