the defamation law is sometimes misused to restrict the freedom of expression of socially
vulnerable groups beyond its intended purpose, and that defamation by revealing the truth has
been decriminalized or de facto nullified in most countries.
101. The Constitutional Court has received a total of 11 applications for constitutional review
and constitutional petition against Article 7 (1), (3), and (5) of the National Security Act. The
Court has combined them and is currently reviewing them. In September 2022, the NHRCK
submitted its opinion on these cases to the Constitutional Court, stating that Article 7 (1), (3),
and (5) of the National Security Act violate the freedom of expression, thought and
conscience in breach of the principle of clarity and proportionality and the ICCPR.103
102. Proposed recommendation: The State party should abolish Article 7 of the National
Security Act.104
Issue 23. Freedom of Association
103. There has been a continuous occurrence of cases where vulnerable groups of workers
such as workers in special types of employment, platform workers and subcontracted workers
are being restricted from exercising their labor rights including trade union membership and
activities, due to collective dismissals resulting from the termination of work (service)
contracts and the refusal of principal contractors to engage in collective bargaining.
104. It is noted that amendments to the Industrial Accident Compensation Insurance Act
(2008), the Occupational Safety and Health Act (2019), and the Employment Insurance Act
(2021) have extended legal protection of labor rights for workers in special types of
employment and platform workers. However, the controversy over whether they are
considered workers under the Trade Union and Labor Relations Adjustment Act has not been
resolved, and their labor rights are hence being restricted.
105. Korea ratified the International Labor Organization (ILO) Fundamental Conventions
No. 87 and No. 98 in April 2021 and is thus obligated to implement them in the country.105
However, in November 2022, the Government issued a return-to-work order concerning a
strike by the Cargo Truckers Solidarity Division under the Korean Public Service and
Transport Workers’ Union (KPTU), affiliated with the umbrella Korean Confederation of
Trade Unions (KCTU). Concerning the return-to-work order, the Director-General of the ILO
conveyed his position to the Government, in December 2022, that the ILO supervisory body
considered that the return-to-work order in the transport services and similar sectors restricted
the freedom of association of workers and that no criminal sanctions should be imposed
against workers engaged in peaceful strikes.106
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