Government’s Obligation to Address Obstacles to Freedom of Association and Collective Bargaining Rights Reiterated in Korea Metal Workers’ Union and others v the Republic of Korea

Abstract

In a complaint to the ILO Committee on Freedom of Association against the government of the Republic of Korea, multiple unions alleged a no-union corporate policy in the context of disguised subcontracting and employment relations, anti-union practices involving harassment, intimidation, pressure to withdraw from trade unions and dismissal of union leaders, resistance to collective bargaining and noncompliance with agreements, and government failure to address allegations. In response, the government stated that on numerous occasions its labor agencies and courts had responded to filed charges and found no violations and that its own investigations had concluded similarly. The Korean Employer’s Federation, tasked with collective bargaining on behalf of the subcontractors, asserted that the subcontractors were employers, independent of a Samsung subsidiary, acted according to the law, responded to filed complaints before government institutions, and made corporate decisions based on business interests rather than anti-union practices.

The Committee, however, determined that the allegations had not yet been fully addressed by either the government or the subcontractors, including the alleged kidnapping of a union member and termination of a union leader for his union activities. The Committee requested further investigation and reporting and invited the complainants to submit to the government further necessary information in several areas. The Committee also requested that the government develop appropriate mechanisms to protect subcontracted workers’ rights to freedom of association and collective bargaining and to keep the Committee informed of the outcome of independent investigations of the allegations.