Situation on infringement of public servants’ basic labour rights in Korea

1. Situation on infringement of public servants’ basic labour rights in Korea Korean Government Employees’ Union Sunghee Oh, Director of International Relations

2. 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

3. General public perception on public servants ▶ 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

4. 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 following 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

5. 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 term ④ State and local governmentshould not discriminate public officials for the reason of full-time union officials in promotion and any others regarding to position

6. Public Officials’ Trade Union Act ■ Right to Collective bargaining Article 8 (Authority of Negotiation and Conclude) ① Representatives of trade unions and competent government 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 appointment, can’t be subject to negotiation details

7. 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 negotiation. In this case, government negotiating representatives may refuse to negotiate until unification of bargaining counter completed

8. Public Officials’ Trade Union Act ■ Rights to Collective action Article 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 political 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 interferes with the normal operation of business shall be punished less than five years imprisonment or fined of less than 50 million won (US$ 50,000)

9. 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)

10. Revised Code of Conduct(2009 November) ■Prohibition on criticising government policy regardless of job performance ■ 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

11. Deprivation of Political Rights

12. Deprivation of Political Rights Issues - Constitutional question on obligation of political neutrality - Political rights of public servants as Human Rights

13. Forced closedown of chapters’ offices in 2006

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

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

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