issues, and this needs to be resolved. The workers should be able to provide labor in an
environment where rights and safety are secured, and employers must not pursue profits at
the expense of workers’ rights and safety.
The international community believes that a plan must be prepared to protect the workers
who are not protected due to the diversification of employment forms. In 2006, the ILO
General Assembly adopted the ‘Employment Relationship Recommendation,’ which
recommended establishing legal procedures and measures to resolve the issue of ‘disguised
employment relationship,’ where the employer treats an individual as other than an
employee to hide his/her true legal status, and that situations can arise where contractual
arrangements have the effect of depriving workers of the protection they are due. The ILO
Committee on Freedom of Association also expresses concern to the Korean government
that prime contractors continue to use in-house subcontracting to evade the exercise of trade
union rights, and it was recommended for the Korean government to take measures to
strengthen the protection of the right to organize and collective bargaining (Report No.363,
2012).
Thus, the university should be asked to take the responsibility for the problems of the
cleaning workers’ wage and installation of rest areas, etc. Even in accordance with the
Central Labor Relations Commission’s decision, in a subcontractor relationship, the primary
contractor’s status as a party to the collective bargaining (employer) is recognized for certain
parts in which the prime contractor exercises actual authority over the working conditions of
subcontract workers.607) Rather than taking the position of ‘school is also a victim’ or that
‘the students are taken hostage,’ it is necessary for the school to respond to the issue as a
party involved.
On the other hand, social consensus between the protesters and the students is needed.
Since a certain amount of noise is unavoidable in order to convey opinions to an unspecified
number of people through assemblies or demonstrations, even the general public, not
participating in the assemblies, have an obligation to accept it.608) On the other hand, the
freedom of assembly is not unlimited, and certain regulations are in place to prevent damage
607) Legal Times, Should the prime contractor negotiate with the subcontractor’s union?, Jul. 2, 2021.
608) Supreme Court, Decided on Oct. 15, 2004, 2004Do4467
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