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17
Coverstory
Interview
?
individually as well as their leaders. In fact, it is
impossible for most workers to go on strike with the
withprofessor
risk of their lives as they risk disciplinary measures or
dismissal or get pay cuts. It leads almost not to call
strikesastheydonow,andmanyunionsareconcerned
that they will be unable to strike itself from next year
when the act takes effect. If so, the struggles are
A reporter of the
supposedtohavenopoweranymore.
Argus met a professor,
Moreover, as the necessary works introduce, some
LeeJeong,departmentof
workersgoonstrikeandothersdon¡¯tdoitevenifthey
Law to dignose the new
aredoingsamework.That¡¯swhythethreebasicrights-
law and find a way for
to organize, bargain collectively and strike-are to be
thelawtoadvance.
ignoredanddisregarded.
¡°
Keepingtheworkersrunningtheirwork
Thenewactforcesabout50percentlaborerstokeep
the work places operating while the unions on the
T
he right of
public service company start a strike. It is called
strike allows
¡°Replacement of strike workers.¡± The parts other than
thelaborersas
theseessentialareas¡¯strugglesareallowedtheworkers
minority to face the
tosupplythelackofplaces.Forexample,thefrom70
managements with equal
to80percentofthelaborersgoonstrikeand30percent
relationship,becauseitisinfactimpossibleforaworker
keep their works running. Then half of the strikers or
tostruggleagainsttheemployer.Thestrikeistheultimate
only35percentofallworkersstruggleintheend.
way to demand the workers¡¯ claims. But the former
OneoftheKorailunions,Leesaid,¡°Thepurposeof
system,thearbitrationbyauthorityhadforbiddentheright
thewalkoutistoattainthelaborers¡¯demandagainstthe
at the very beginning. It is not the same as mediation,
employersandinfluencethemenormouslybystopping
whichtriestoendaquarrelbetweentwopeople.Ithasthe
theirworks.Buttheirneedscan¡¯tberealizedasthehalf
compulsorypower.Someoftheworkersgoonstrikeand
of the strikers is running the businesses and it means
all of the work places are to be arbitrated although it
working operation doesn¡¯t get many effect from their
threatens little of works. Much management has been
struggles.¡±
abusing this law many ways. Looking back on the law,
On the other hand, many say that it is fit for a
JapanfirstmadeitbeforetheSecondWorldWarandafter
standard in global and many other countries are using
finishing the war it was abolished. Korea, however,
this.IncaseofU.S.,theyrecognizethispositively,butit
introduced it 1953 when the law of labor union first
is limited to the economic strikes, which are for the
establishedandithasbeenkeptonuntilnow.Onlyaftera
improvement of working condition, asking for the
half century, this law is abolished. I think it is good to
higher pay or shortening their working time. It is
abolishthissystem.
restrictedtodismissworkersduetotheirstrikes.
Besides, the essential public service utilities are
expanded.Theextentisverywideabsurdly.Itneedstobe
¡°Itisarough-and-readylaw¡±
reducedwithinitscore.Byincreasingthenumbersofthe
As mentioned above, the new act, which the
places, the law forces the laborers not to start a strike.
government is scheduled to bring the act into effect,
Also,whenitcomestoessentialmaintainingbusiness,the
putspressureonthelaborers.¡°Itisveryhastylaw.Itis
range should be set as long as not violating the right for
doubtfulwhetherittakeseffectintherightway.There
life.Itisallowedtoexerciseincasethestrikecausesthe
ismuchdifficultyineffectuatingthelaw.Itmaycause
publiclifetobeuncomfortable.Inaddition,thelimitscan
struggles like E-land clash sooner or later,¡± one of the
be different because the each work quality is not exactly
unionssaid.LeeJeong,theprofessorofthedepartment
same. It is necessary to settle guidelines of the act
of law said that by increasing the standards which the
specificallywithobjectiveandreasonableview.Allofthe
strikesarenotallowed,laborersaresufferingmoreand
lawsneedtobeenactedwithfieldworks,sothatitrealizes
more.Itissurethattherevisedlawisnotdifferentfrom
practicallyinourlives.
¡±
theformerthoughthegovernmentcontinuallysaysthe
newonefitsforinternationalstandard.Thatis,itisstill
suppressingthelaborerswithunreasonableact.
By KimMin-ji
kmj07@hufs.ac.kr
SEPTEMBER 2007

19ÆäÀÌÁö º»¹®³¡



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