[Editorial] DP railroaded with the controversial revision

As expected, the Democratic Party (DP) and the left-wing splinter Justice Party (JP) railroaded with the contentious bill dubbed the “yellow envelop” provision at the Environmental and Labor Committee of the National Assembly. The revisions to the Labor Union Act are aimed at widening the scope of strikes and hampering with legal claims by employers for the damages caused by strikes by union members.

The government and business community have protested the bill as it can make already frequent strikes more frequent. But their cries were totally ignored by the DP which holds 169 seats in the 300-member legislature.

The revisions expanded the concept of employers to “someone who has the real command and say in determining conditions for work.” A seminar hosted by the Korea Chamber of Commerce and Industry (KCCI) on Monday expressed concerns that major corporations using more than 1,000 contractors will face serious trouble doing their business if those contractors are treated as “employers” of their own subcontractors. The country’s global competitiveness also will be at risk if companies become restrained in outsourcing.

The revised act also reworded the right to strike against “the determination of labor conditions” simply as “labor conditions.” That means that a strike can take place even after collective bargaining is sealed, compared to the current mandate that only allows a strike during collective bargaining process. The new law can translate into a nightmare for a number of employers if the union opts to strike for any possible difference with the management.

The biggest concern is that the revised act nearly prohibits employers from filing damage claims against illegal strikes. The amendment requires the court to demand details of the misdeeds of every defendant and liability for each person. Strikes certainly constitute a collective action. But if the law demands employers present proof of damage in the level of each striker, it would make damage claim almost impossible.

Companies and the business community have strongly opposed the radical changes due to their apparent harms on their business. The governing People Power Party (PPP) plans to ask President Yoon Suk Yeol to exercise his right to veto the law if it passes the plenary session of the National Assembly sooner or later. The DP plans to skip the legislation and judiciary committee headed by a PPP lawmaker so that the DP can put the vote on the revision in a plenary session of the legislature. The supermajority party must stop siding with the combative union, a permanent power base for the liberal party.