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99hospitals.However,themediaandpress
onlyfocusonwhatishappeningintheone
hospital.Theyonlytrytoreportstrikeasa
badthing.
R: Some say that labor strikes are a
Reporter (R): What do you think
R: Employers say strikes are just as
mere show to advertise the labor
about the modified Arbitration by
effectiveforitisimpossibleforthemto
group,whataboutthis?
AuthorityLaw?
train new employees during the short
Yi:Thatdoesnotmakeanysenseatall.
Yi Sang-Hoon (Yi): Rather than saying
strikeperiods.Doyouhaveanythingto
Bygoingonstrike,westronglyaskforour
that the Arbitration by Authority Law has
sayagainsttheassertion?
rights while fighting for the best for the
beenmodified,itwouldbebettertosaythat
Yi: Creating a negative effect for the
community, a nice working environment,
ithasbeenexpanded.Beforeexpandingthe
employers cannot be looked upon as a
and a raise (we would be lying if laborers
law, work areas were divided into
problem. That is the definition and goal of
do not think about that). This is all for the
companies that could threaten the lives of
strike. The law that enables employers to
better.Forexample,ifdoctorsorpilotsare
people, called essential services, and those
hirenewemployeesmakesitsothatformer
overworkedandexhausted,therewouldbe
that could cause inconvenience and lower
laborers have no place to go. The whole
higher possibilities of accidents occurring.
economic capabilities for people, called
ideadoesnotfitILOstandards.
Once labor standards go up, the rest will
publicutility.
naturally follow. Most of the time, the
The law took effect in the essential
R: Does it mean what President Roh
conservativemediaissayingthatallstrikes
serviceareas,disablingthemtogoonstrike.
said about developing the relationship
areonlyforpayraises.
On the other hand, Emergency Arbitration
between laborers and employers does
took place in public utilities, still letting
notmakeanysense?
R:Isthereanythingyouwouldliketo
them protest. But, if there was no progress
Yi: No. First of all, there is no other
say?
between the workers and the employers in
countrythathastheEmergencyArbitration
Yi:Iwishwecouldallrethinktherights
public utilities within fifteen days, further
and essential service applied at the same
of laborers. This country does not protect
strikes would become illegal and the
time. Doing just that makes it impossible
manyofourrights.InFrance,thepresident
Arbitration by the Authority Law would
for strikes to carry on. This is the Three
takes a lead and asks the French people to
takeplace.Now,theso-calledmodifiedlaw
Step Regulation I talked about earlier. The
join him in letting strikes to continue. It
combinesthetwoareasandcallsitessential
second point is that Korea is not following
would be hard for everyone in the country
service. This change will allow both the
ILO requirements. The requirements
to become one and help fight for labor
new law and the Emergency Arbitration to
include areas where essential services take
rights, but I think people can take some
takeplaceinbothareasmakingitharderfor
place and where minimum service does.
timetothinkaboutthesituation.
laborers to fight for their rights. The
Essentialservicesareneededtostopstrikes
expandedlawhasthreeparts.Itiscalledthe
when it threatens the peoples’ lives. In
imsmartnari@hufs.ac.kr
Three Step Regulation. The first part is a
Korea, they are not only applying the
lawthatforcesacertainpercentoflaborers
systemtorequirementsoftheILO,butalso
tokeepthecompanyrunningforthepeople
everywheretheythinknecessary.
whiletheothersgoonstrike.Thisdefinitely
reduces the effectiveness of strikes. The
R: It seems like the modified law is
secondparthiressubstitutelaborerstowork
nottakinginthewholescene,whatdo
Y
for behalf of the employees on strike. This
youthinkaboutit?
i
S
u
n
g
-ae
/
takes the laborers another step closer to
Yi: Reality is that the law is preferential
T
h
e
A
rg
u
s
losing their jobs. The last step tries to
to one side to oppress strike. The new
prevent the strike with Emergency
system says that they are obliging a
Arbitration, putting the strike to an
percentage of laborers to work even when
obligatory halt for fifteen days. The
on strike for the good of the people.
modifiedlawisfullofrepetitionofhowto
However, definite information on how
stopstrikes.
much negativity the strike causes to the
We prefer the old law. What use is a
people is never shown. Say there are 100
strike if there is a law to stop every move
hospitals in the area and only one went on
YiSang-Hoon,Director,PolicyDepartment
wemake?
strike.Thepatientstherecangototheother
KoreanConfederationofTradeUnions
SEPTEMBER 2007

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