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They sentenced me to between 1 year and 6 months to 2 years in prison, but I’m still working.
The problem with the provision of ‘No disciplinary action allowed during a fair industrial action’
“If the union law is enforced, the company will pass”
Union members who were sentenced to prison for beating a company personnel officer were promoted while on duty. This is the story of a union member from the Yoosung branch of the National Metalworkers Union, who inflicted injuries over 12 weeks when assaulting a personnel officer in 2018. The company explained that it was not possible to fire the unionists who caused the problem because a single agreement was withheld that stated that disciplinary action was not allowed during legitimate class action.
According to Yooseong Enterprises on the 10th, union members A and B, who were in prison for assaulting CEO Kim Mo, who was in charge of human resources, were promoted to class managers in August of last year and August of this year, respectively, after completing 15 years of service. In the 2018 case, five of the seven members of the metal union, including them, were sentenced to prison. Currently, three have been released and two remain in prison.
At the second trial earlier this year, the Daejeon District Court sentenced some to one year and six months to two years in prison, longer than the first trial, which sentenced some to probation. It is not uncommon for the sentence to be aggravated at the second trial. The court did not accept the perpetrator’s claim that it was an accidental assault. This is due to circumstances that cannot be considered accidental situations, such as operating an ‘arrest group’ and paying a reward of 10 million won to managing director Kim Mo.
The problem is that it is not possible to fire a trade unionist sentenced to prison for assault. There are more than 300 cases in which union members were convicted of violence and imprisonment at Yuseong Enterprises, but it is illegal to fire employees for this reason. The provisions of collective and wage agreements that guarantee union activity are an obstacle to dismissal.
The controversial provisions of the collective agreement “cannot be sanctioned during legitimate labor acts.” Yooseong Enterprises maintains that assault, defamation and squatting are not “fair” industrial acts. However, the judiciary put more important on the point that “there is no disciplinary action during an industrial action”.
Yooseong Enterprises has been in negotiations since 2011 and has yet to reach an agreement. All the last 10 years are classified as the period of the dispute. This is the reason why all the dismissal songs from unionists who were fired during this period were accepted. According to the court ruling, the 37 layoffs were restored sequentially from 2013 to last year. As of this month, 34 people are working, excluding retirees.
Yooseong Enterprises maintains that relations between workers and management will worsen when the amendment to the union law passed in the plenary session of the National Assembly is implemented. A company official said: “If the union pays the wages and it is possible to occupy the workplace, normal operation is no longer possible.” “The company will go to the union.”
The provision that even laid-off and unemployed people can join the business union is expected to lead to a conflict. This is because under the new union law, people who are not affiliated with the company, such as retirees and job applicants, will be able to participate in union activities in the future.
Meanwhile, Kim Mo, who was assaulted by union members in 2018, is reported to be being treated for post-traumatic stress disorder. Recently, the Korean Labor Welfare Corporation further extended the approval of workplace accidents for Mr. Kim.
Reporter Lee Soo-bin [email protected]
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