By Lee Kyung-min
Industrial union branches are likely to form independent company groups following a Supreme Court ruling Friday that allowed members to set up individual unions at their workplaces.
Industrial unions, which were introduced in Korea in the late 1990s to increase leverage in bargaining and strikes, are expected to lose members. They have often been under fire for engaging in politically motivated rallies and holding frequent strikes instead of pursuing improved working conditions.
Previously, these branches could change form only through direct collective bargaining and agreement from company management.
The Korean Confederation of Trade Unions (KCTU), the nation’s second-largest umbrella union, expressed concerns over the ruling’s aftermath as about 550,000 industrial union members account for more than 80 percent of its membership.
"The ruling will bring a serious blow to labor movements led by the industrial unions which have grown amid the democratic movement," the KCTU said.
In 2010, workers of the international automotive supplier Valeo branch of the Korean Metal Workers' Union (KMWU) left the umbrella union and formed their own separate company union.
More than 530 out of 601 members of the Valeo branch voted for leaving the KMWU, but four members, including its chief, filed a suit seeking the nullification of the decision after they were denied three months’ income when their company was shut down following union members’ radical actions.
On Friday, the Supreme Court sent back to the appellate court a ruling that found against the Valeo branch that sought to terminate membership with what it called a "radical and unproductive" supervisory entity.
The top court allowed it to set up its own automotive components company union with independent regulations and executive organization after leaving the KMWU.
Earlier, lower courts ruled in favor of the leaders, saying the Valeo branch lacked the independence to mount collective action.
However, the top court said decisions reached through the democratic process should be recognized as valid.
"The law guarantees union members' right to establish a group, as well as to resort to collective action," the court said. "Such a right includes its members' determination on whether to change, retain, or discard rules involving the operating of the group."
Similar rulings are expected to follow.
The top court is reviewing a case filed by members at Sangsin Brake, a supplier of brakes and brake assemblies, seeking to leave the KMWU. Lower courts ruled against them, but the top court is expected to make a similar ruling to Friday’s decision.
Last Saturday, the Suncheon branch of Gwangju District Court rejected a request by industrial unions to ban a group of its teacher members from leaving and joining a separate group.
Since 1997, the KCTU has sought to attract people to join the industrial union to gain strength in its bargaining power.
Industrial unions comprise the automobile, steel, shipbuilding and tire manufacturing sectors. Recent criticisms against the KCTU included their neglect of non-regular workers.