Interim Report - Report No 324, March 2001

Case No 1865 (Republic of Korea) - Complaint date: 14-DEC-95 - Closed

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

1. 372. The Committee already examined the substance of this case at its May 1996, March and June 1997, March and November 1998, and March 2000 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. 120-160; 311th Report, paras. 293-339, 320th Report, paras. 456-530, approved by the Governing Body at its 266th, 268th, 269th, 271st, 273rd and 277th Sessions (June 1996, March and June 1997, March and November 1998, March 2000)].
2. 373. The Government provided its observations in communications dated 19 October 2000 and 22 February 2001. The Korean Confederation of Trade Unions (KCTU) provided additional information in a communication of February 2001.
3. 374. 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

1. 375. During its previous examination of this case, the Committee had noted that the case addressed allegations both of a legislative and factual nature. With regard to the allegations of a legislative nature, the Committee recalled the developments concerning the workings of the second Tripartite Commission, established in June 1998 to deal with a series of reforms on labour-related issues, including those relating to freedom of association. The Committee noted that, due to the withdrawal of the Korea Employers' Federation (KEF), the Federation of Korean Trade Unions (FKTU) and the Korean Confederation of Trade Unions (KCTU) from the second Tripartite Commission, the latter ceased to function, but that a third Tripartite Commission with more or less the same composition as the first and second Commissions was launched in September 1999. This third Tripartite Commission is mandated to deal with a series of issues, including those raised by the Committee during its previous examinations of this case. The Committee noted however that the FKTU withdrew from the third Tripartite Commission in November 1999, and called on all parties to act in good faith and expressed its hope for continued tripartite dialogue on all the issues it had raised. The Committee also noted with interest that a number of measures had been adopted by the Government which constituted progress towards acceptance of a certain number of its recommendations and encouraged the Government to continue taking such measures with a view to complying with the Committee's remaining recommendations.
2. 376. Regarding the allegations of a factual nature, the Committee had urged the Government to take the appropriate measures so that the persons detained or on trial, or for whom arrest warrants had been issued as a result of their trade union activities, be released or the charges brought against them dropped or the arrest warrants withdrawn. The Committee had urged the Government to take the necessary measures to ensure that two public servants, who were dismissed for exercising activities linked to their right to organize, were reinstated in their jobs. Finally, the Committee examined new allegations submitted by the Korean Metal Workers' Federation (KMWF) concerning: violent police intervention to break peaceful strikes; large-scale arrests of strikers; the detention and imprisonment of key trade union leaders and workers who have gone on strike; laws that allow employers to dismiss workers unfairly and to ignore Central Labour Court rulings for reinstatement.
3. 377. At its March 2000 session, in the light of the Committee's interim conclusions, the Governing Body approved the following recommendations:
   • (a) The Committee calls on all parties to act in good faith and expresses its hope for continued dialogue in a tripartite manner on all issues raised by it.
   • (b) As regards the legislative aspects of this case, the Committee requests the Government:
   • (i) to extend 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;
   • (ii) to take steps to recognize, as soon as possible, the right to establish and join trade union organizations for the abovementioned public servants;
   • (iii) 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 and to provide the text of the draft bill submitted to the National Assembly;
   • (iv) 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;
   • (v) 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;
   • (vi) 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 and to provide the text of the draft bill submitted to the National Assembly;
   • (vii) 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);
     • (viii) to keep the Committee informed of the outcome of the deliberations within the Tripartite Commission or the National Assembly on the above issues, which the Committee firmly hopes will be examined and resolved quickly in a manner that is compatible with freedom of association principles;
   • (ix) to provide information on measures taken to give effect to the above recommendations and to keep the Committee informed thereon.
   • (c) As regards the allegations of a factual nature:
   • (i) the Committee notes with regret that despite its firm insistence on the dropping of all remaining charges pending against Mr. Kwon Young-kil, former President of the KCTU, the latter is still being tried on these charges. It expresses the firm hope that he will not be convicted on these charges and requests the Government to keep it informed of the outcome of the trial;
   • (ii) the Committee requests the Government to indicate whether the 70 KCTU leaders and activists were released unconditionally;
   • (iii) the Committee urges the Government to take the necessary measures to ensure that the public servant, Lee Seung-chan, is immediately reinstated in his job. It requests the Government to keep it informed of any progress made in this regard.
   • (d) As regards the KMWF's new allegations contained in communications dated 10 December 1998 and 22 January 1999:
   • (i) noting that the Government has recently adopted a four-step plan, part of which aims to minimize the arrest and detention of unionists, the Committee requests the Government to ensure that its new plan minimizing the arrest and detention of unionists is effectively implemented and police intervention in labour disputes is strictly limited, so that in future trade unionists are no longer arrested or detained for legitimate trade union activities;
   • (ii) the Committee calls on all parties to exercise restraint in pursuing activities linked to labour disputes;
   • (iii) recalling that workers should have the right to carry out strikes on economic and social issues as well as protest and sympathy strikes the Committee requests the Government to provide information on what exactly constitutes "obstruction of business", a charge for which the majority of unionists listed in the annex were arrested and detained;
   • (iv) the Committee requests the Government to take the necessary measures to enable the 182 members of the Sammi Specialty Steel Workers' Union and the six members of the Dong-hae union to secure reinstatement in their posts in the Changwon Specialty Steel Company and the OMRON company respectively. It further requests the Government to keep it informed of the outcome of the court proceedings in these two cases.

B. The Government's reply

1. 378. In its communications of 19 October 2000 and 22 February 2001, the Government states that several legislative aspects included in the ILO recommendations were discussed in the third Tripartite Commission, which continued its discussions in the second half of year 2000.
   • Developments concerning the Tripartite Commission
2. (320th Report, paragraph 530(b)(viii))
3. 379. After the FKTU's withdrawal (5 November 1999), participants in the third Tripartite Commission met regularly, drafted legislation proposals on the issues of the payment of wages to full-time union officials by employers and a single collective bargaining channel at the enterprise level. The FKTU decided to participate in the discussions concerning working hours reduction and the payment of wages to full-time union officials. It attended the sixth general meeting of the Commission on 30 March 2000, which normalized the operation of the Commission.
4. 380. The Commission formed a Special Committee on Working Hours Reduction, mandated to provide by 2000 a legislative proposal on the reduction of working hours. The Special Committee completed overall discussions on specific outstanding points through weekly meetings. Hearings to gather opinions from labour and management organizations were scheduled in late September 2000 and a revision proposal on the working hours system was expected to be ready by October 2000. In addition, exchanges of views are under way at each of the subcommittees on measures concerning: human rights protection for migrant workers; protection for atypical workers; public sector restructuring; and tax system revision.
5. 381. Meanwhile, the Subcommittee on Labour Relations selected the following issues as major tasks for 2000: the payment of wages to full-time union officials; collective bargaining under trade union pluralism; and adjustment in the scope of essential public services. Permission for dismissed workers to join trade unions at non-enterprise level is considered as a priority issue. The discussions concerning the payment of wages to full-time union officials and collective bargaining under a system of trade union pluralism are actively progressing; and other issues will be dealt with soon.
6. 382. Between 1 September 2000 and 1 February 2001, the Commission and its subcommittees held meetings as follows:
   • Items Tripartite Commission Standing Committee Special Committee on Public Sector Restructuring Special Committee on Unfair Labour Practices Special Committee on Financial Sector Restructuring Special Committee on Working Hour Reduction Subcommittee on Labour Relations Subcommittee on Economic and Social Affairs
   • No. of meetings held 5 8 6 1 8 8 9 8
   • The Commission reached agreements through active dialogues between social partners on 13 points, including basic directions to reduce working hours and measures to effectuate collective agreements.
   • Right to organize of public servants
7. (320th Report, paragraph 530(b)(i) and (ii))
8. 383. The Government states that, in accordance with the agreement of 6 February 1998 at the first Tripartite Commission, to allow gradually public officials to set up a trade union, Public Officials' Workplace Associations (POWAs), a precursor of the recognition of unions of public servants, have been operating from 1 January 1999. The introduction of POWAs has boosted the morale of public officials and improved the atmosphere of workplaces. To enhance further the right to organize of public officials, the Government revised guidelines on activities of workplace associations. As a result, at the discretion of the head of an organization, membership is allowed to middle-level officials who do supervisory work, to officials in charge of administrative work in a bureau or division, and to officials who supervise and guide work related to cultural heritage and environment. The revised guidelines also permit the head of an organization to provide an office for associations and collect membership fees in order to facilitate their activities. As of January 2001, 209 POWAs have been established out of 2,400 eligible offices. Their number is rapidly increasing (54 per cent between September 2000 and January 2001).
9. 384. The Government submits that not only the number of POWAs has increased but that there have also been improvements in their functioning, such as the 22-points agreement reached between the mayor of Changwan City and the City POWA, which includes early notification of personnel as regards management standards and office automation. This agreement, which is similar to collective agreements concluded in firms, shows that POWAs are an effective preparatory stage to trade unions for public servants.
10. 385. The Tripartite Commission has continued to meet to provide reasonable measures for recognition of the right to organize of public servants such as the expansion in the scope of public servants eligible to join the POWAs. On 2 June 2000, the seventh meeting of the Standing Committee adopted "Operation and problems of Public Officials' Workplace Associations" as an agenda item. On 10 August 2000, the Subcommittee on Labour Relations held its 19th meeting to hear opinions from representatives of the Research Group to Promote Public Officials' Workplace Associations. On 31 August 2000, the 21st meeting of the Subcommittee on Labour Relations was given presentations by officials from the Ministry of Government Administration and Home Affairs on the operation of the POWAs. After reviewing the operation of workplace associations and discussion at the Tripartite Commission, the Government will expand the scope of eligibility to join POWAs. The Government will proceed with the recognition of trade unions for public servants after gaining further experience of the workplace associations and reviewing public opinion and discussion at the Commission.
    • Legalization of trade union pluralism at the enterprise level and establishment of a stable collective bargaining system
11. (320th Report, paragraph 530(b)(iii))
12. 386. As the 1997 revision of the Trade Union and Labour Relations Adjustment Act provided that there would be multiple trade unions at enterprise level from 1 January 2002, the Government prepared a draft bill, based on the suggestions made by public interest representatives in the Tripartite Commission. The bill was submitted to the National Assembly on 29 December 1999, but automatically expired at the end of the 15th session of the National Assembly on 31 May 2000. The issue was discussed at several rounds of meetings held from April 2000, but failed to produce an agreement. According to the Government, labour and management are not fully prepared to have trade union pluralism at enterprise level in view of lack of awareness and practices in this respect. To avoid disruptions that would ensure if the system were implemented hastily and without extensive debate and preparation, the Commission decided on 9 February 2001 to defer the implementation date for five years. The Government intends to respect this decision because this represents the will of both labour and management.
13. 387. In the meantime, representatives from labour, management, government and public interests seriously discussed measures to unify collective bargaining channels and to deal with any potential problems. Experts were invited to give comparative presentations on the systems in the United States, France and Japan. From 13 to 18 September, the tripartite representatives and officials of the Ministry of Labour visited the relevant authorities and employees' and employers' organizations in developed countries including France, the United States and Italy to get a picture of collective bargaining practices involving multiple trade unions. In addition, the Commission outsourced research to build a model for a collective bargaining system under trade union pluralism, and the Subcommittee on Labour Relations invited a person concerned to present views on the issue. When agreement is reached at the Commission, the Government will ensure that the revised proposal based on that agreement is submitted rapidly to the National Assembly.
    • Prohibition of payment of wages to full-time union officials
14. (320th Report, paragraph 530(b)(vi))
15. 388. The Government prepared a draft bill on that issue, based on the suggestions made by the public interest representatives in the Tripartite Commission. The bill was submitted to the National Assembly on 29 December 1999, but automatically expired at the end of the 15th session of the National Assembly, on 31 May 2000. The Tripartite Commission continued its deliberations on the subject and, in view of the unions' argument that banning the payment would worsen their financial situation and practically inhibit the exercise of basic labour rights, it agreed to defer the ban for five years. In addition, for equity reasons, full-time officials of newly established unions and of unions paid at the time of the 1997 TURLAA revision, were to receive wages for five years, under voluntary negotiations between employers and unions.
    • Scope of essential services
16. (320th Report, paragraph 530(b)(v))
17. 389. In its communication of 22 February 2001, the Government basically reiterates the position expressed in its March 2000 communication [see 320th Report, para. 471], recalls that the right to strike is not automatically denied to essential public services, and gives examples of cases where some telecommunication workers in essential services participated in strikes.
    • Other legislative issues
18. (320th Report, paragraph 530(b)(iv) and (vii))
19. 390. The Government indicated in its communications of 19 October 2000 and 22 February 2001 that it would provide its observations at a later date concerning the following issues: notification of the identity of third parties in collective bargaining and industrial disputes, and repealing penalties in this respect; refusal to allow dismissed workers to maintain their trade union membership, and ineligibility of non-members to stand for trade union office.
    • Factual issues
    • Charges pending against the former KCTU president, Kwon Young-kil
20. (320th Report, paragraph 530(c)(i))
21. 391. The Government recalls that Mr. Kwon Young-kil was charged with obstruction of traffic and other violations on 5 December 1995, but was released on bail on 13 March 1996. At present he is on his 26th trial. After release, he has actively engaged in politics without any legal constraint. In the 1997 presidential elections, he campaigned as a candidate of a political party, "Citizen's Victory 21". In April 2000, he ran for a seat at the National Assembly as a candidate of the Democratic Labour Party. He is now involved in political activities as a representative of the Democratic Labour Party.
22. 392. In its communication of 22 February 2001, the Government indicates that on 31 January 2001, the Seoul District Court convicted Mr. Kwon Young-kil for violating section 40(2) of the TULRAA (prohibition of third party intervention in industrial disputes) and sentenced him to ten months of imprisonment with a two-year stay of execution. Mr. Kwon Young-kil, who is not detained because of the stay of execution, stated he would appeal.
    • Release of the 70 KCTU leaders
23. (320th Report, paragraph 530(c)(ii))
24. 393. The Government indicates that among the 70 KCTU leaders, 45 were released on parole, 15 were released on bail, three had their sentences suspended, one had his arrest dismissed, two were released after the review of legality for confinement, and four were fined.
    • Reinstatement of Mr. Lee Seung-chan
25. (320th Report, paragraph 530(c)(iii))
26. 394. The Government states that Mr. Lee Seung-chan, a public servant at the Yongsan-gu office of the Seoul Metropolitan City, was fired for his involvement in preparation works for POWAs and requested the review of his dismissal, which was dropped on 16 November 1998. He later brought a suit against the head of the Yongsan-gu office before the Seoul District Court; in March 1999, the Seoul Administrative Court overturned the dismissal decision. On 23 May 2000, he was reinstated in his job as the ruling was confirmed by the Seoul High Public Prosecutor's Office's decision to give up further appeal.
    • Reply to the KMWF's allegations
    • Arrest of trade unionists for "obstruction of business"
27. (320th Report, paragraph 530(d)(iii))
28. 395. The Government indicates that, under article 314 of the Criminal Code, to interfere with the business of another by injuring its credit, by circulating false facts or through fraudulent means or by the threat of force, constitutes "obstruction of business". According to the case law of the Supreme Court, the term "threat of force" means all forms of power which may curb or disturb freedom of one's will. The term "business" is a work or undertaking where a person is involved. The term "obstruction" is defined as acts of impeding work or causing a danger which may impede work. Article 33(1) of the Constitution provides that "to enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action", and articles 3 and 4 of the TULRAA prescribe that a trade union or workers are immune to criminal or civil claims of damages inflicted by justifiable activities. The Court generally ruled that the occupation of offices by using violence, damages to properties, obstruction of traffic and blockade of gates constituted obstruction of business because no form of violence or act of destruction can be justified.
29. 396. In the present case, the Government minimized the number of arrests by arresting only those involved in radical violence and destruction and leaving others free or uncharged. Some of those arrested were released with fines or had their indictment suspended during investigation, while the majority of them were released on bail or had their sentences suspended during trial. Those sentenced were also set free with presidential pardon.
    • Reinstatement of 182 workers at the Changwon Specialty Steel Company and of six workers at the OMRON company
30. 397. The Government reiterates that, when the Changwon Specialty Steel Company took over the Changwon plant of the Sammi Specialty Steel Company, and OMRON Automotive Electronics Korea took over part of the Dong-hae Company, some of the workers of the latter companies had their employment relationship discontinued. The issue in these cases was whether the takeover in question was based on a "purchase of assets" or constituted a "merger and acquisition" and, accordingly, was subject to the legal requirement of employment succession or not. The National Labour Relations Commission (NLRC), the Seoul District Court and the Seoul Appeal Court, ruled that the takeover of the Changwon plant of the Sammi Specialty Steel Company constituted a merger and acquisition and, therefore, was required to ensure employment succession. The NLRC and the Seoul District Court made the same decision as regards the Dong-hae Company.
31. 398. Taking into account the rulings of the NLRC and the courts, the dismissal of the 182 members of the Sammi Specialty Steel Workers' Union and of the six members of the Dong-hae union should not be viewed as related to trade union activities. The dismissed workers of the Sammi Specialty Steel Workers' Union applied for relief, not based on unfair labour practices to get rid of trade union leaders, but only on unfair dismissal. The Government therefore considers that the issue here is whether the takeover triggered the legal requirement of employment succession and, accordingly, of a legislative nature.
32. 399. The Government has done all it could to obtain the reinstatement of the workers of the Sammi Specialty Steel Workers' Union and the Dong-hae union, after the NLRC ruling. The Ministry of Labour imposed penal sanctions on employers of the companies concerned and kept persuading labour and management to maintain dialogue. The Labour Minister met with the President of the controlling shareholder of Sammi Steel and called for progressive measures for employment stability of workers, prior to the Supreme Court ruling. In addition, the Director-General of the Labour Standards Bureau of the Ministry presided at two labour-management meetings in December 2000 and January 2001. At present, the Sammi Specialty Steel Workers' Union's case is pending at the Supreme Court and that of the Dong-hae union at the Seoul Appeal Court. The Government will take appropriate measures following the courts' rulings.

C. The KCTU's additional allegations

1. 400. In its communication of February 2001, the KCTU protests against the five-year extension of the TULRAA provision banning trade union pluralism at the enterprise level, submits that this represents a blatant rejection of the ILO continued recommendations in this respect, and points out that this decision was taken in a body in which it does not participate. The KCTU gives several examples of actual cases where workers' rights to organize were denied on the basis of that provision. As a result of current practices of the Government, new serious problems begin to arise with respect to the emergence of non-enterprise-based unions (territory-, craft- or industry-based unions): the result is an even greater ban on trade union pluralism.

D. The Committee's conclusions

1. 401. During its previous examination of the case, the Committee had called on the parties to act in good faith and expressed its hope that the tripartite dialogue would continue. The Committee had also noted with interest that a number of measures adopted by the Government constituted progress towards the acceptance of some of its recommendations, and encouraged the Government to continue taking such measures with a view to complying with its remaining recommendations. The Committee proposes to review these issues in the light of the partial information provided by the Government.
   • Legislative issues
2. 402. As regards the right to organize of public servants, the Committee notes that Public Officials' Workplace Associations (POWAs), which the Government terms as "a precursor of the right to organize of public servants", have been in operation since 1 January 1999, that the Government has revised the guidelines concerning the activities of POWAs, and that discussions are continuing on this subject in the third Tripartite Commission. While noting this information, the Committee observes that POWAs have been set up at only 209 offices out of 2400 eligible workplaces; the Committee also refers to its previous comments on this subject [see 320th Report, paras. 509-510] i.e. that only 338,000 public servants out of a total of 930,000 were eligible to join these associations; the Committee further notes that the revised guidelines on this matter still leave this limited right to the discretion of the head of the organization. In these circumstances, the Committee is bound to draw, once again, the Government's attention to the fundamental principle that all public service employees, with the sole possible exception of the armed forces and the police should be able to establish organizations of their own choosing to further and defend the interests of their members [Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 206] and that to deny public sector workers the right to set up trade unions where this right is afforded to private sector workers involves discrimination [Digest, op. cit., para. 216]. Given the above, and taking into account the lengthy period elapsed since the filing of this complaint, the Committee requests once again the Government to take concrete steps, as soon as possible, to extend the right of association and to recognize the right to establish and join trade union organizations for all public servants who should enjoy these rights in accordance with freedom of association principles.
3. 403. Regarding the issue of trade union pluralism at the enterprise level, the Committee had regretted in its previous examination of the case that the Government maintained its decision to postpone the recognition of trade union pluralism until 2002 [see 320th Report, para. 512]. The Committee deeply regrets that the situation is now worse with the lengthy additional postponement - five years - for such recognition. The Committee urges once again the Government to speed up the legislative process and firmly hopes that it will be able to note concrete results in the very near future on this issue, particularly in view of the fact that it has now been examined and discussed at length. The Committee requests the Government to provide its observations on the KCTU's communication of February 2001, and urges it to take appropriate measures in this respect as soon as possible, in line with freedom of association principles, and to keep it informed of developments in this respect.
4. 404. As regards the prohibition of payment by employers of wages to full-time union officials, the Committee notes that, following discussions in the Tripartite Commission, the ban initially planned has been deferred for five years. The Committee further notes that the matter has been left for voluntary negotiations between some employers and unions. Recalling that the payment of wages to full-time union officers by employers should not be subject to legislative interference, the Committee trusts that this matter will be dealt with in conformity with freedom of association principles.
5. 405. As regards the term "obstruction of business" under section 314 of the Criminal Code, i.e. the charge under which a large number of KMWF trade union leaders and members were arrested in connection with the 1997-98 events, the Committee notes that the legal definition of this term is so wide as to encompass practically all activities related to strikes. Recalling that this provision carries extremely heavy penalties (maximum sentence of five years' imprisonment and/or a fine of 15 million won), the Committee refers to its previous comments in this respect [see 320th Report, paras. 524 and 526] to emphasize that such a situation is not conducive to a stable and harmonious industrial relations system and requests the Government to bring section 314 of the Criminal Code in line with the narrower interpretation given to it by the Supreme Court as well as with freedom of association principles.
6. 406. Concerning the other legislative issues, namely notification of the identity of third parties in collective bargaining and industrial disputes, and refusal to allow dismissed workers to maintain trade union membership, the Committee notes with regret that the Government did not report any concrete progress and merely stated that it would provide its observations at a future date. The Committee reiterates its requests in these respects [see 320th Report, para. 530 (b)(iv) and (vii)] and urges the Government to provide as soon as possible its observations on these issues.
7. 407. As regards developments in the Tripartite Commission, the Committee takes note of the discussions that took place in the Commission on various subjects, including working hours reduction, human rights protection for migrant workers, protection for atypical workers, public sector restructuring and tax system revision. Noting that the Subcommittee on Labour Relations selected as priority items for 2000 some issues which have been the object of its previous comments (collective bargaining under trade union pluralism; scope of essential services; and refusal to allow dismissed workers to maintain trade union membership), the Committee is however deeply concerned that not only has no real progress been made on most of these issues, but that there was a serious setback as regards the first one, in view of the additional five-year postponement concerning the legalization of trade union pluralism at enterprise level. The Committee firmly hopes that the Tripartite Commission will accelerate its work and will come up rapidly with concrete proposals, in line with freedom of association principles, on all these outstanding issues. It urges the Government, once again, to keep it informed of the outcome of the deliberations of the Tripartite Commission.
8. 408. Related to the immediately preceding point and recalling that, as early as June 1996 [see 304th Report, para. 254(e)], it had requested the Government to ensure that proposed amendments to labour-related legislation no longer be delayed, the Committee urges it once again to speed up the legislative process with a view to amending all the provisions mentioned above, in line with freedom of association principles. The Committee reminds the Government in this regard that it may avail itself of the technical assistance of the Office.
   • Factual issues
9. 409. With regard to the charges pending against the former KCTU president, Mr. Kwon Young-kil, the Committee notes with regret that the Government limits itself to repeating the information previously given and that it continues to press the charges against Mr. Kwon, who is now on his 26th trial. The Committee deeply regrets to note that Mr. Kwon has been convicted for violation of section 40(2) of the TULRAA - a provision which is incompatible with freedom of association principles - and given a suspended sentence of ten months of imprisonment under that charge, which confirms the concerns expressed earlier by the Committee in this respect. The Committee urges the Government to drop the charges against Mr. Kwon, concerning events that occurred before the January 1997 strikes as a result of his trade union activities. It requests the Government to keep it informed of the outcome of pending trials, including Mr. Kwon's appeal against the judgement issued by the Seoul District Court on 31 January 2001.
10. 410. Concerning the 70 KCTU leaders, the Committee notes that 45 of them were released on parole, 15 were released on bail, three had their sentences suspended, one had his arrest dismissed, two were released and four were fined. The Committee requests the Government to keep it informed of the developments in these cases, including judicial decisions, if any.
11. 411. The Committee notes with interest that Mr. Lee Seung-chan has been reinstated in his job following the judgement of the Seoul Administrative Court.
12. 412. Referring to its previous comments on the need to amend section 314 of the Criminal Code, the Committee requests the Government to ensure in future cases that the four-step plan it adopted in April 1999 to minimize the arrest and detention of trade unionists be effectively implemented, and that police intervention in labour disputes be strictly limited to situations where law and order is seriously threatened [see Digest, op. cit., para. 580], so that in future trade unionists are no longer arrested, detained or charged for legitimate trade union activities.
13. 413. Considering that this general issue would be best dealt within the context of a tripartite discussion of a policy of decriminalization of labour conflicts, the Committee further suggests that the Tripartite Commission would constitute an appropriate forum for a thorough discussion and formal proposals.
14. 414. Regarding the alleged unfair dismissal of 182 workers at the Sammi Specialty Steel Company and of six workers at the Dong-hae Company, the Committee notes that in both cases, the competent court ruled that the takeovers constituted a "merger and acquisition", which triggered employment succession obligations on the part of the Changwon and Omron companies. The Committee further notes the initiatives taken by the Government in this context, including its attempts at maintaining social dialogue between labour and management, and encourages it to pursue its efforts in this direction. The Committee requests the Government to keep it informed of the outcome of the appeals lodged against the judgements of the courts of the first instance.

The Committee's recommendations

1. 415. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee reiterates its call, on all the parties, to act in good faith and expresses its firm hope that tripartite dialogue will continue on all issues it raised.
   • (b) As regards the legislative aspects of this case, the Committee:
   • (i) requests the Government, once again, to take concrete steps as soon as possible to extend the right of association, and to recognize the right to establish and join trade union organizations, for all public servants who should enjoy these rights, in accordance with freedom of association principles;
   • (ii) regretting that an additional delay of five years has now been imposed as regards the legalization of trade union pluralism at the enterprise level, requests the Government to provide its observations on the KCTU's allegations of February 2001, and urges it, once again, to speed up that process with a view to promoting the implementation of a stable collective bargaining system;
   • (iii) notes with regret that the Government did not provide information on the other outstanding legislative issues (notification of the identity of third parties in collective bargaining and industrial disputes, and repealing of penalties related thereto; refusal to allow dismissed workers to maintain trade union membership, and ineligibility of non-members of trade unions to stand for office), reiterates its previous requests in these respects, and urges the Government to provide as soon as possible its observations on these issues;
   • (iv) noting that the legal definition of the infraction of "obstruction of business" under section 314 of the Penal Code is so wide as to encompass practically all activities related to strikes, requests the Government to bring this provision in line with the narrower interpretation given to it by the Supreme Court as well as with freedom of association principles, and recommends that this matter be discussed by the Tripartite Commission with a view to making formal proposals;
   • (v) asks the Government to repeal section 40(2) of the TULRAA in conformity with freedom of association principles;
   • (vi) urges the Government to speed up the work of the Tripartite Commission and to keep it informed of the outcome of the deliberations within the Tripartite Commission or the National Assembly on all the above issues, which the Committee firmly hopes will be examined and resolved quickly in accordance with freedom of association principles; and
   • (vii) requests the Government to keep it informed on all measures taken to give effect to the above recommendations.
   • (c) As regards the factual aspects of this case:
   • (i) noting with deep concern that Mr. Kwon has received a suspended sentence of ten months of imprisonment for violation of a provision which is incompatible with freedom of association principles, the Committee regrets that the Government would continue to press charges against Mr. Kwon Young-kil, urges it to drop the charges concerning his legitimate trade union activities, and requests the Government to keep it informed of the outcome of pending trials, including Mr. Kwon's appeal against the judgement of the Seoul District Court of 31 January 2001;
   • (ii) the Committee requests the Government to keep it informed of developments concerning the 70 KCTU leaders and members, including judicial decisions, if any;
   • (iii) the Committee requests the Government to ensure in future cases that the four-step plan it adopted in April 1999 to minimize the arrest and detention of trade unionists be effectively implemented, and that police intervention in labour disputes be strictly limited to situations where law and order are seriously threatened, so that in future trade unionists are no longer arrested, detained or charged for legitimate trade union activities;
   • (iv) the Committee calls on all parties to exercise restraint in pursuing activities linked to labour relations disputes; and
   • (v) the Committee requests the Government to keep it informed of the outcome of the appeals lodged against the judgements of the courts of the first instance regarding the dismissal of 182 workers at the Sammi Specialty Steel Company and of six workers at the Dong-hae Company, and urges the Government to pursue its efforts towards maintaining social dialogue between labour and management on these issues.