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services that require high ethical standards, neutrality, professionalism and a lock-out
upon a teachers’ strike is impossible(para. 311, 315).
However, the Government continues to reject the application to establish the Korea
Government Employee’s Union, or KGEU, pursuant to the Act on Establishment and
Operation of Trade Union of Public Officials. In August 2013, the Ministry of Labor
and Education rejected the application for establishing the KGEU on grounds that the
KGEU acknowledged laid-off workers as its members and allowed grade six public
officials in charge of supervising positions to join. In response, the International Labor
Organization carried out an emergency intervention(ILO TUR 1-145/1-145-3) in
August 2013, recommending to accept the application for the establishment of the
KGEU.
On October 24, 2013, the Government, pursuant to provisions of the Act on
Establishment and Operation of Trade Union of Teachers, notified the Korea Teachers
and Educational Workers’ Union that it is “not a trade union” because it did not
exclude nine laid-off workers from union activities and did not implement the order to
correct its regulation.
On September 30, 2010, the NHRCK recommended to the Minister of Labor to
delete related provisions in the Trade Union and Labor Relations Adjustment Act,
which denies laid-off workers and unemployed persons membership of trade union. In
addition, the NHRCK made recommendations to resolve the issue of not
acknowledging a trade union that possesses a registration document if it does not
implement orders to correct factors for disqualification. The NHRCK announced a
statement on October 22, 2013 that recommends the Ministry of Employment and
Labor to withdraw the notification under which the Korean Teachers and Educational
Workers’ Union is not acknowledged.