Korea: trade union deprived of legal status
On 23 October, the Korean Teachers and Education Workers Union (KTU), one of EI’s national affiliates, was officially deprived of legal status by the Park Geun-hye administration. KTU had been given a one month ultimatum to revise the provision in its by-laws allowing dismissed and retired teachers to become union members. In a nationwide poll, about 60,000 Korean teachers and education workers urged the union to resist and bring no amendment to its by-laws.
Unlawful dismissal of teachers
The KTU constitution allows dismissed workers to remain members of the union. Around twenty-two members of the KTU were dismissed during the previous administration for activities including expressing their opinion on the government's education policy or donating to progressive political parties. Nine of these workers, whose dismissals are also questionable under international law, are still considered KTU members under KTU by-laws.
Allowing retired and dismissed workers to become union members and leaders is internationally accepted and the International Labour Organisation (ILO) Committee on Freedom of Association has repeatedly criticised such exclusion.
In its March 2012 report, the ILO Committee “urged the (Korean) Government to repeal the provisions prohibiting dismissed and unemployed workers from keeping their union membership and making non-union members ineligible to stand for trade union office … Noting with regret that the Government has not repealed these provisions, the Committee once again urges the Government to do so.”
Three years ago, the National Human Rights Commission of Korea (NHRCK) had also recommended the Ministry of Employment and Labour to correct Article 2(4)(d) of the Trade Union and Labour Relation Adjustment Act (TULRAA), because the relevant provisions could be misinterpreted as excluding dismissed workersfrom union membership. The NHRCK indicated that its recommendation was based on the conventions on social rights of the UN and ILO.
In 1996, the Republic of Korea joined the Organisation for Economic and Cooperation and Development (OECD), pledging that it would guarantee the freedom of association and union activities for teachers and government employees. The legalisation of KTU in 1999 was in line with this international commitment requested by the OECD.
In January 2013, the Ministry of Education, Science and Technology (MEST) had already threatened to cancel the KTU registration with immediate effect if the union constitution was not amended.
The current KTU deregistration or decertification represents a significant regression.
“We regard this as the death of Korean democracy and education”, KTU President Kim Jeonghun said.
KTU condemned the government’s decision to deprive it of its legal status and filed an injunction with a Seoul district court to appeal the decision and have it nullified. The education union also said that it will continue to fight against the Government to regain its legal status. “We will continue our efforts to improving the country’s education system regardless of whether we are a legitimate or outsider union,” Jeonghun stressed.
International Solidarity
When learning about the government’s ultimatum, EI, together with the International Trade Union Confederation and Public Services International, launched a joint online campaign on LabourStart supporting KTU and its members. More than 8,800 messages were sent to the Korean President Park Geun-hye. More than 20 EI members also addressed official protest letters to the Head of the Government.
KTU commended the international trade union communityfor the huge solidarity shown with the union and its members. “I really want to express my sincere gratitude to you, my brothers and sisters. Thank you so much for your solidarity and support!” Jeonghun said.
Source: Education International
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