The opposition parties (Democratic Party and Justice Party) proposed amendments to the
Trade Union Act, respectively, around Sep. 2022, and selected it as top priority for the
National Assembly in the second half of 2022. On the other hand, the ruling party (People
Power Party) expressed their opposition to the handling of the amendment to the Trade
Union Act, and these amendments became one of the most controversial bills in the National
Assembly during the second half of 2022.518) On the other hand, the government expressed
the view that labor-management issues should be resolved autonomously between the
workers and the management in principle, that illegal acts during the process should be
strictly prohibited, and that it would be difficult to accept the amendment to the Trade Union
Act proposed by the National Assembly.519) In addition, at the request of the National
Assembly, the Ministry of Employment and Labor released 2 fact-finding surveys in Oct.
2022 (“results of the survey on the status of damages lawsuits and provisional seizures and
overseas cases”). However, there was also criticism that the above surveys were merely
surveys to oppose the legislation.520)
The workers and the businesses had conflicting opinions on the amendments to the Trade
Union Act proposed to the National Assembly. While the labor groups assert that the Yellow
Envelope Act is necessary to normalize the three labor rights in accordance with the spirit of
the Constitution, the management groups assert that such a law promotes illegal strikes and
can result in unfair protection of certain labor groups.521) Meanwhile, on Dec. 28, the
NHRCK viewed that a lawsuit for compensation for damages and provisional seizure
resulting from industrial action undermined the three labor rights guaranteed by the
Constitution and threatened the right to live of workers and their families, and expressed the
need to amend the Trade Union Act to expand the scope of ‘workers’ and ‘employers,’
expand the scope of ‘labor disputes’ and limit the claims for damages caused by the exercise
of the three labor rights.522)
518) Daily Labor News, ‘Yellow Envelope Law,’ at the front-line, Sep. 26, 2022.
519) MOLIT Press Release, Oct. 4, 2022.
520) Statement by the Civil Group, Son-jab-go, Oct. 21, 2022.
521) Newsis, ‘Yellow Envelope Law exemption to illegal strikes? ... Normalization of 3 Labor Rights, Sep. 28, 2022.
522) There were some objections to the substance of the opinion by Lee Choong-sang, a standing member of the
NHRCK. Labor-management confrontation in Korea is due to illegal strikes by labor unions, and the problem of
frequent and illegal strikes by labor unions is an urgent task to be resolved, so they oppose the expression of the
same opinion as the majority.
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