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 23

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