Banning walkout of emergency medical workers constitutional

The Constitutional Court ruled Monday that the law prohibiting emergency medical service workers at hospitals from going on strike is constitutional.

It said all of its nine judges reached a unanimous decision, ruling in favor of the nation’s Labor Relations Law and Labor Union Law.

“Emergency medical service is vital to maintaining public wellbeing. If those providing such services are allowed to strike, it will pose a grave threat to public safety and health. It is reasonable to place more restrictions on what medical workers can do, compared to those engaging in other work,” the court said.

In 2010, the Korea Health & Medical Workers’ Union filed a petition with the Constitutional Court, claiming the two laws banning emergency medical personnel from taking collective action are unconstitutional.

The union said the laws violate medical workers’ rights to equality guaranteed under the Constitution.

Besides hospital workers, employees of the rail, aviation, utility, telecommunications and refinery industries are also barred from staging a walkout.