[주장] Review of the Civil Service Union Law, the National Assembly should consider again



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Countries that adopt a separation of powers have legislatures with the power and function of making laws. In Korea, this is called the National Assembly. The National Assembly is a legislative body that represents the people and a meeting itself where legislators meet. The members of the National Assembly are empowered to make laws, which are the basis of the policies and institutions that operate a society, reflecting the foundations of democracy, civil intent, and to control and monitor the executive and judicial power.

Of course, this textbook appearance of the National Assembly is often different from reality. If a role is not required to be maintained, but is exercised only with the authority to exercise power, the progress of society is delayed and conflicts and confrontations become general. It is necessary to enact laws that reflect the will of the people and review old laws, but there are many cases that harm society by generating results that are consistent with the political interests of the members of the National Assembly and political parties. There is a considerable gap since the appearance of the National Assembly that we want.

Amendment to the Public Officials Union Law that cannot be recognized by the Public Officials Labor Department

In the early morning of the 9th, the National Assembly (Hwannowi) Environmental Work Committee deliberated on an amendment to the “Law on the establishment and operation of trade unions by public officials.” Along with the government’s proposal, Democratic Party members Kim Ju-young, Yoon Jun-byung and Lee Su-jin addressed four amendments. The revision of the Civil Service Trade Unions Act is a very important issue in relation to Korea’s ratification of the core ILO Conventions, which are under heavy pressure from the International Labor Organization (ILO). This is because the ILO Core Convention is considered the standard for institutions related to labor and human rights in all countries of the world.

Among the amendments to the Public Officials Trade Union Law, which was the subject of an important debate in the Hwanno Committee of the National Assembly, the government project was the one that received strong opposition from public officials and the labor community when the Ministry of Employment and Labor announced the legislation in May of last year, and repeatedly delivered its intention to abolish it. The same is true of the amendments tabled by other members of the National Assembly. There is nothing better than current law, and there is no reason to admit a revised bill that goes against the times. It is clear that there are cases in which the National Assembly does not make or modify laws to reflect public opinion.

What is the public opinion on the revision of the Law on the Civil Service Union?

The amendment proposed by the Labor and Employment Law Review Subcommittee of the Hwanno Committee of the National Assembly not only did not carefully consider the reality of public servants, but also did not comply with international standards and recommendations. Nothing has changed so much that the ILO recommendation to remove standards for union membership, such as rank, has been eclipsed. A method has emerged to change the order and arrangement of the terms and provisions, which is used to nullify traces of legal revisions. There is no trace of careful consideration of what public office wants and the current trends of the time.

Indeed, why did this result, which is seen to limit union activities, rather than a positive change in the labor movement of civil servants come about? It is said that there has been no debate on the introduction of the exemption system for working hours, necessary for public officials to carry out a labor movement legitimately as a worker, and the elimination of the prohibition of compulsory leave and payment of wages for working hours officials complete and teachers unions. Who should adhere to the ILO recommendation that workers and management decide on the payment of wages for full-time unionized workers? It is not known who the National Assembly is seeing and exercising its authority.

The National Assembly should listen more, explain more …

Until now, the labor organizations of civil servants have delivered their wishes to the National Assembly for revision in the Law of Trade Unions of the Civil Service appropriate for the times through various channels and methods. Together with members of the National Assembly, they tried to convey public opinion within the limited basic labor rights of public officials, including discussions in the National Assembly, interviews with individual members of the National Assembly, and press conferences. In response to the unchanged status of the National Assembly, there was also strong pressure to abolish the Civil Servants Trade Unions Act. It is hard to believe that the result is the revised bill of the Hwanno Committee of the National Assembly. There is no opportunity to hear in detail what they heard, what they reflected and how they reflected it. It is regrettable that this is the current relationship between the National Assembly and the people.

“In order to modify the content of the law in accordance with the relevant convention and at the same time promote the ratification of the ‘Convention on Freedom of Association’, the fundamental convention of the International Labor Organization …”

This is the reason for the proposal that the government made known when proposing an amendment to the Law of the Public Workers’ Union. However, not only the government draft but also the amendment proposed by the committee under the jurisdiction of the National Assembly is completely different from the ILO recommendations. At what stage can we filter the results that do not reflect public opinion and do not meet international standards? Should we wait for the decision of the competent standing commission to be overturned in plenary session? It is regrettable that the decision of the National Assembly to condemn the trade union movement of public servants and go against the current of the international community is regrettable. I think again of the National Assembly, the people’s hall

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