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18
Coverstory
By YiSung-ae
Samelaw,opp
Reporterof TheArgus
D
oes anyone really know what is
going on between labor and
management? No agreements are
that allows the employer to temporarily
areas covered in the law and the
being reached and strikes are continuing
replace the number of laborers who take
ReplacementofStrikeWorkersisinept
without any clue of when to end. The root
strike action. The only thing that will be
for the Korean employer and laborer
of the problem is the law. As the law
changingisthatthissystemwillbegivena
situation.Whatdoyouthink?
changed, more problems started to occur.
new name as, Replacement of Strike
Lee: This statement is related to the
Let¡¯stakealookintowhateachsidehasto
Workers.Theamendmentwillnowbecome
Laborer and Employer Road Map.
sayaboutthenewlaw.
a law and more work areas will have to
PresidentRohcreatedtheroadmap,which
complywiththissystemwhethertheylikeit
isbasedonthenewly lawabove.
Reporter (R): From the employer¡¯s
ornot.Also,theworkersonstrikewillhave
It aims to take and
V
pointofview,whatdoyouthinkofthe
tonotifytheemployerwhereandwhenthe
laborer relationship further in
modifiedlaborlaw?
strike will take place and the amount of
development and Therefore,
Lee Jun-Heui (Lee) : It is not very
people participating. This is for the
it is a change, not something that is
important to the employer. It mostly is to
employer to acknowledge approximately
absolutelywrong.
the laborer. The former Arbitration by
howmanyworkerswillhavetobereplaced.
Authority Law was effective only ten
Why the Labor Ministry thinks this
R: The government, media, and the
percentofthetimewhenitexisted.
necessary is because even though laborers
society may be isolating and
say they are taking care of minimum
suppressinglaborers,isthisso?
R: Laborers are saying that they do
service, the minimum number needed has
Lee: From a wider perspective, it could
not need a forced labor law because
not been clarified. We must ensure work
betrue.Sincealongtimeago,laborershave
they have always provided minimal
areas may not run well with sufficient
been looked upon as weak and wrong.
services for people while on strike.
workers. Laws are simply made to prevent
There should be a new law that could
Could you please share with us what
errorsfromoccurring.
balance the power between laborers and
youthink?
employers. However, the official assertion
Lee:Thisdoesnotstopthemfromgoing
R:
Laborers
say
that
the
of the Korea Employer Federation is that
on strike. They are only being asked to
ReplacementofStrikeWorkerslawwill
laborers are no longer weak. That is
leave behind a certain amount of people to
lower the effectiveness of strikes, is it
because the Labor Ministry supports them
keep the place running. For example,
true?
with tax expenditure, and through
essential services, like aviation, have an
Lee: No, it is not. However, it may be
commercialization, the labor union earns
agreement between the employer and
true for some work areas like the railroad
about 60 billion won a year. On the other
laborers
servicebecausemanyofthehigherofficers
hand,theKoreanEmployerFederationdoes
have licenses to drive trains. But typical
not receive much support from the Labor
companies they have the difficult task of
Ministry and relies mostly on membership
hiring more staff. The replacements then
fees,earningonly10billionwonannually.
have to be trained for six months. By the
time they are ready to replace the workers,
R: Is there anything that you would
thestrikeisover.Itisevenharder,actually
liketosay?
impossible, to replace professionals.
Lee: In the contracted law, both the
rgus
A
Workers at hospitals, oil refineries, and
employersandthelaborersmustbeableto
he
/T
blood services cannot be replaced so
find an agreement point and solve
ung-ae
quickly. Those people need to be people
problems. Please do not think of the
iS
Y
who have been trained for a long time.
problem between the employers and the
Thisislawisjustsymbolicwithnoreal
laborersasaleftandrightpoliticalissue.It
effect.
is a conflict between two sides trying to
profit. It would be better to look at the
R: Laborers say that the
situationfromadifferentperspective.
LeeJun-Heui,Specialist,LegalAffairsTeam,Policy
increase of essential service
BureauKoreaEmployersFederation
www.theargus.org

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