Opposition party passes pro-labor bill unilaterally

Lawmakers of the main opposition Democratic Party of Korea approve a pro-labor bill at the National Assembly in Seoul, Thursday, in the absence of lawmakers from the ruling People Power Party. Yonhap

The main opposition party on Thursday unilaterally approved a pro-labor bill that critics say will bring chaos and endless litigation to many industries by de facto giving workers the right to strike “all year round” without legal consequences.

Despite protests from the ruling People Power Party (PPP), the main opposition Democratic Party of Korea (DPK), which holds a majority of National Assembly seats with 168, passed the revision bill that is largely aimed to limit the liability of trade union members for damage caused during labor disputes.

The same day, the DPK also approved a bill to reform the management structures of KBS and MBC, the two largest Korean broadcasters.

The PPP vowed to derail both bills by urging President Yoon Suk Yeol to exercise his veto right.

PPP lawmakers initially considered filibustering the bill, but they decided against it because the plan would leave the Assembly open for the next few days and give the DPK a chance to pass another contentious motion to impeach Lee Dong-kwan, chief of the Korea Communications Commission, a broadcasting watchdog. An impeachment motion was proposed over his alleged role in the unfair dismissal of an MBC executive.

If signed into law, the labor reform bill will bring three key changes. The current law defines an employer as a person or company that pays people for work based on a contract. The law would provide a new definition: Anyone who is in a position that can “specifically control or determine” the work of the employees must take responsibility as an employer.

This poses a significant legal risk to decision-makers at conglomerates that produce goods and services in collaboration with various subcontractors. An employee working at a subcontractor, in theory, could lodge a suit against a chief executive in charge of the whole process at a different company.

The revision would also expand the concept of legal strikes.

Currently, strikes are considered illegal if they fail to meet the requirement that they should be about “decisions in regard to working conditions.” Under the revision, workers would be legally able to go on strike over any issues about their working conditions without concern about government intervention or legal action. Critics worry that this would bring more frequent strikes and suits, regardless of the period of collective bargaining during which such decisions are negotiated and made.

For employers, perhaps the most problematic part of the bill addresses their “burden of proof.” They can currently hold leaders or other members of trade unions responsible collectively for the losses incurred as a result of illegal actions during a strike such as vandalism of company property. Under the changes, the burden is on them provide evidence of a specific cause for such damage and how much each person involved contributed to it.

The lawmakers of the ruling People Power Party hold a rally in front of the National Assembly in Seoul, Thursday, denouncing a bill proposed by the main opposition Democratic Party of Korea to impeach Lee Dong-kwan, chief of the Korea Communications Commission. Yonhap

“If the bill is passed (and signed into law), it would send many industries into absolute chaos and the damage would be felt by not just companies but also workers,” representatives of six major business lobby groups said in a statement. “By excessively expanding the concept of an employer, the passing of the bill would collapse the industrial ecosystem between the companies and their subcontractors and result in the loss of many jobs.”

Meanwhile, workers’ groups and supportive activists criticized the PPP and the government under President Yoon Suk Yeol, saying the reform is overdue and is consistent with the rules of the International Labour Organization, a U.N. agency.

Given that the DPK could have implemented the legal reform during the previous Moon Jae-in administration and Yoon will almost certainly veto it, it is reasonable to see the move as a politically charged one, according to Lee Jun-han, a professor of politics at Incheon National University.

“They do it because they know it will be politically beneficial for them. Passing the bill would be making an alibi ahead of the general elections early next year irrespective of what actual reform are brought to voters,” he told The Korea Times.

Two-thirds parliamentary support is necessary to override a presidential veto. That means the DPK needs the support of at least 199 lawmakers in the 298-member Assembly in order to reapprove the bill, but it does not have enough members and independent supporters.

Labor Minister Lee Jung-sik slammed the bill's passage, claiming that it will undermine national competitiveness.

Citing experts, he also said protecting labor unions from punishment for their illegal actions goes beyond the scope of protection of the three labor rights under the Constitution, violates the principle of equality and is highly unconstitutional as it goes against the principle of "no penalty without law."