Labor Groups Pushing for Ban on Damage Suits against Strikers

Representatives of civic groups hold a news conference in front the National Assembly on Sept. 14, calling for the amendment of the law on labor unions to ban damage suits against strikers.

Lawmakers of the opposition Democratic Party of Korea and Justice Party are calling for a revision of the Trade Union and Labor Relations Adjustment Act so that no damage suits can be filed against strikers. In response, employers are demanding alternative employment so that they can be protected from strikes.

As of now, the likelihood of the revision is rather low. This is because the ruling People Power Party is on the side of the employers including the Federation of Korean Industries, which submitted a petition to the Ministry of Employment and Labor on Sept. 19.

The federation’s requests include alternative employment in the event of strikes, ban on workplace occupation, and correction of regulations by which employees can be free from criminal punishment. “According to current laws, unfair labor practice-related regulations do not see employees as criminal punishment targets, and unions are abusing litigation by taking advantage,” it said.

In most countries, including Germany, illegal strikes are not free from claims for damages. In France, a law was amended in 1982 in order to ban claims for damages regarding every collective union action but the amendment was not implemented.

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