National Human Rights Commission of Korea Annual Report 2022
to insufficient human and material resources in military medical institutions. Therefore,
the Commission recommended the Minister of National Defense to make institutional
improvements to guarantee soldiers’ right to medical access.
J. Opinion Expressed on the Proposed Partial Amendment to the
Trade Union and Labor Relations Adjustment Act
On December 28, the Commission expressed its opinion to the Speaker of the National
Assembly regarding the proposed amendment to the Trade Union and Labor Relations
Adjustment Act currently pending in the Assembly. The opinion was made based on concerns
that lawsuits seeking substantial compensation for damages and imposition of provisional
seizure resulting from labor disputes undermine the three labor rights guaranteed under the
Constitution; threaten the right to survival of workers and their families, causing them severe
economic hardships; and generate social issues such as suicide due to mental depression.
In Korea, it is difficult for labor dispute actions to be legally recognized due to legal
constraints. Therefore, based on international human rights standards, the Commission
recommended the following amendments to Article 2 of the Trade Union and Labor Relations
Adjustment Act: (1) to include in the definition of “worker” under the subparagraph 1 of Article
2 workers in non-standard forms of employment or platform workers who, despite appearing
as individual business owners, provide labor and receive compensation for the benefit of others
so as to reflect changes in the economic and social environment and the provision of labor,
in line with ILO Convention No. 87 on Freedom of Association and Protection of the Right
to Organize and Convention No. 98 on the Right to Organize and Collective Bargaining; (2)
to include in the definition of “employer” under the subparagraph 2 of Article 2 individuals
who exercise substantial influence and control over the working conditions and labor union
activities of workers, even if they are not parties to the employment contract; and (3) to revise
the definition of “industrial disputes” under the subparagraph 5 of Article 2, to include matters
related to structural adjustments involving changes in labor conditions and the improvement of
workers’ economic and social status, in accordance with Article 3 (1) of the Constitution and
the purpose of the Trade Union and Labor Relations Adjustment Act.
Furthermore, regarding the limitation of compensation claims for dispute actions, the
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