36. The Ssanyong Cars trade union and management reached a dramatic agreement after
77 days of strike. However, the company and the Government detained 60 workers and
filed a criminal lawsuit demanding reparation for injury and provisional seizure of a
total of 5 billion KRW. International Labour Organisation (ILO) pointed out repeatedly
the excessive legal measures targeting workers participating in strikes. The NHRCK
explained in detail such practice in paragraph 121 and 125 of the report submitted to the
Pre-sessional Working Group of the Committee in November 2008.
3.
Limitation on the Rights to Assembly for the Construction Trade Union
and Transportation Trade Union
37. The National Construction Trade Union and the National Transportation Trade
Union received the Trade Union Registry Certificate from the Ministry of Labour in
2007. However, in 2009, the Ministry delivered a correction order to exclude cementmixer drivers and dump truck drivers from the trade union according the interpretation
that economically dependent workers were not employees according the Labour Law.
The Ministry informed that the trade union would be illegalized if it did not follow the
order. However, economically dependent workers are ‘disguised self-employed’ and defacto dependent to third parties in providing labour, therefore need the protection of
Labour Law. ILO indicated that also people with no employment relation, such as selfemployed workers in general and those who practice liberal professions, had the right to
enjoy freedom of association as much as other employed workers. The Government
needs to explain its position toward the basic labour rights of economically dependent
workers and its future prospects
4. Low Minimum Wage and Unproductive Dispute over Its Determination
(127-129)
38. The importance and significance of minimum wage as legal protection mechanisms
for the minimum living standard of low-income workers is ever growing as the net
income of workers is decreasing due to the economic crisis and low income class are
expected to suffer more.
39. The current minimum wage system that is determined through labour-management
agreement has the potential of prolonging exhausting conflict among parties until
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