Korean Government Employees’ Union Sunghee Oh, Director of International Relations

Situation on infringement of public servants’

basic labour rights in Korea

Basic information

► Establishment : March, 23, 2002► Slogan : Reform public offices and Eradication corruption ► Number of union member : 92,000 ► Organisations : 1) Branch : 20 - Regional : 14 (Provincials and metropolitan city level)

- Functional : 6 (Secretariat of National Assembly, Court, Central Election

Management /Central Administration, Education office, National and Public university)

2) Chapter : 200

General public perception on public ser-vants

▶ Servants for the people ▶ Public servants are not workers▶ Faithful servants to the government in special authority relation▶ A Group has power and privilege▶ Identify public servants with the government ▶ Closed group▶ Inflexible group

Public Officials’ Trade Union Act■ Right to Freedom of Association

- Excessive Limit of membership qualification

Article 6 (Membership qualification) ①The range of membership qualification is each item as below: 1. 6th grade or less and equivalent general public officials ② Nevertheless Clause ①, if public officials apply to any of the follow-ing officials can’t join a union 1. Public officials who are in sub-managerial or supervisor position can’t join a union ③ Public officials who dismissed or expelled can be considered as union member until the Central Labour Relation Committee’s retrial decision by claiming for aid of unfair labour practice

Public Officials’ Trade Union Act■ Right to Freedom of Association

- Status of full time union officials

Article 7 (Status of Full-time union officials) ② Consent received person as full time union officials should get order for leave of absence during their term according to the State Public Officials Act Article 71 and Local Public Officials Act Article 63 (Leave of Absence) ③ State and local government should not pay for full-time union officials during their term④ State and local government should not discriminate public of -ficials for the reason of full-time union officials in promotion and any others regarding to position

Public Officials’ Trade Union Act■ Right to Collective bargaining Article 8 (Authority of Negotiation and Conclude) ① Representatives of trade unions and competent govern-ment representatives shall have the authority to negotiate and to sign regarding to issues on trade unions or wages, welfare and other working conditions. However, matters, which are decision-making by the authority of state or local government on the ground of law and don’t related directly to working conditions as management and operation including exercising authority of ap-pointment, can’t be subject to negotiation details

Public Officials’ Trade Union Act

■ Right to Collective bargaining

Article 9 (Procedure of Negotiation)④ Government negotiating representatives shall demand unification of bargaining counter in case of 2 or more trade unions request negotia-tion. In this case, government negotiating rep-resentatives may refuse to negotiate until unifi-cation of bargaining counter completed

Public Officials’ Trade Union Act■ Rights to Collective actionArticle 3 (Guarantees and limits of union activity) ① Proper union activity including organising, joining in and other related action shall not be applied to State(Local) Public Officials Act Article 66 Clause 1 in accordance with this Act ② When Public officials participate in union activity, public officials should not doing against the duties of public officials regulated by other laws

Article 4 (Ban on Political Activity) Trade Unions and their members should not be doing any po-litical activity

Article 11(Ban on Dispute) Trade union and their members should not be doing all of the acts including strike, slowdown or any other activity that interferes with the normal operations

Article 18 (Penalty) Person who violates of Article 11 by strike slowdown, or else that inter-feres with the normal operation of business shall be punished less than five years impris-onment or fined of less than 50 million won (US$ 50,000)

State/Local Public Officials Act

■ Article 57 (Duty of Obedience)■ Article 63 (Duty of Maintain Dignity) ■ Article 65 (Prohibition of Political Activity) ■ Article 66 (Prohibition of Collective Action)

Revised Code of Conduct (2009 November)

■ Prohibition on criticising govern-ment policy regardless of job per-formance■ Prohibition on wearing clothes contain a political slogan such as headbands, ribbons, union vest, which could cause inconvenience to visitors and could harm working condition

Deprivation of Political RightsYear Case Results

2009

Contribution on Labour Democratic Party of Korea - Violation of Political Party Act, Po-litical Fund Act and State/Local Pub-lic Officials Act- 273 public servants including teachers prosecuted by the Seoul Central District Prosecutor’s Office- Police raided on KGEU head office and DLPK internet server for evi-dence

Seoul Central District Court sentenced penalty from $300~$500 for guilty of Po-litical Fund Act and currently the case is in the court of appeal.Public Administration min-istry Education ministry took disciplinary action against all of sentenced public officials

2011

Contribution on Labour Democratic Party of Korea - Violation of Political Party Act, Po-litical Fund Act and State/Local Pub-lic Officials Act

1589 public officials includ-ing teachers prosecuted by each local district prosecu-tor’s office.The first trial is ongoing.

Deprivation of Political Rights

Issues

- Constitutional question on obligation of political neutrality

- Political rights of public servants as Human Rights

Forced closedown of chapters’ offices in 2006

Taken members by force during rally to protest enactment of public officials’ trade union act in 2005

Sit-down strike to enact special act on reinstatement of dismissed and disciplined public servants for over 200days outside of National Assembly

The best way to quality public services is to ensure basic labour rights of public servants