[asia-apec 230] KCTU President Begins a Hunger Strike

[KCTU-International]

                 KOREAN CONFEDERATION OF TRADE UNIONS
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                         Struggle for Labour Law Reforms
                               Campaign News X
                                November 4, 1996

                   KCTU President Begins a Hunger Strike
                        The Most Critical Moment

     President KWON, Young-kil of the Korean Confederation of Trade 
Unions, on November 4, 1996, began an indefinite hunger strike to 
protest the increasing attempt by the government and employers to 
worsen the labour laws. 
     The hunger strike by President KWON, Young-kil comes in response 
to the continuing failure of the government to make a commitment for 
the reform of the labour laws towards a comprehensive guarantee of 
freedom of association.
     The decision for hunger strike was announced on November 1, 
1996, in the 9th session of the Central Committee. The Central 
Committee also decided to resume KCTU attendance in the meetings of 
the Presidential Commission on Industrial Relations Reform. The Central 
Committee explained that KCTU needs to resume an active intervention 
in the Commission in order to prevent the unilateral adoption of a 
reform package that lacks any progress on the vital freedom of 
association issues.
     
Backward Progess

     The Presidential Commission on Industrial Relations Reform, on 
October 7, 1996, in the first meeting since the decision of 
non-attendance by the KCTU on October 2, 1996, undertook a number 
of decisions which called for a worsening of the labour laws. The FKTU, 
employer, and public interest representatives in the PCIR, in the absence 
of the KCTU representatives, agreed to prohibit the use of the term 
"trade union" by non-registered trade unions; an insertion of a new 
clause specifying the power of a union president to adopt a collective 
bargaining agreement; and inclusion of the communication industry in 
the category of "essential services" which are subject to "compulsory 
arbitration" banning all forms of industrial dispute.
     The decision to prohibit the use of the term "trade union" by 
non-registered trade unions and their federations would have, in the 
absence of an amendment of the current law banning union pluralism, 
the effect of making such organisations as the Korean Confederation of 
Trade Unions, the Korean Federation of Metalworkers Unions, the Korean 
Teachers and Education Workers Union, etc. illegal as long as they use 
the term "trade union" or "union" in their names.
     The new clause giving the union president a power to adopt a 
collective bargaining agreement would have effect of banning the 
procedure of putting the tentative agreement to the vote of the union 
general meeting for ratification.  This would jeopardise the internal 
democracy in the unions, and open up the possibility of management 
manipulation of the union decision making process.
     The inclusion of the communication industry in the category of 
"essential services" came just prior to the decision by the Delegates 
Conference of the Korea Telecom Trade Union, which has a membership 
of 50,000, to seek affiliation with the KCTU. The communication industry 
was originally -- when the KCTU representatives participated in the PCIR 
meetings -- excluded from the list of "essential service". The discussions on 
"essential services" focused on the need to limit the abuse of arbitrary 
state and government intervention and the excessive restrictions on the 
right to strike provided for by the current labour laws (cf. Chapter 4, the 
Labour Dispute Adjustment Act).

PCIR Stalled - Grim Prospects for Reform

     On October 25, 1996, the Presidential Commission on Industrial 
Relations Reform, held the 12th plenary session in the absence of the 
KCTU representatives and finalised a total of 107 items of 
recommendations for legislative amendment.  PCIR, however, has failed 
to reach any conclusion on some 30 issues, including the major freedom 
of association issues, such as, union pluralism, third party intervention, the 
right of teachers and government employees to form unions, and the 
key labour market deregulation issues.
     The failure of the PCIR to reach any conclusion on the substantial 
and core issues of labour law reform have led to a wide spread call 
from the employers and the economic offices of the government to 
either undertake a unilateral measures for labour market deregulation or 
to postpone the whole reform discussion indefinitely. At the same time, a 
considerable section of the PCIR, including the FKTU representatives, 
strengthened their demand to adopt only the currently agreed items as 
the PCIR's recommendations for legislative amendment to be presented 
to President Kim, Young-sam. This would have the effect of excluding the 
core freedom of association issues from the agenda of the labour law 
reform.
     As a result, the dominant view in the run up to the 12th plenary 
session of the PCIR on October 25, 1996, was that the PCIR would bring 
an end to the current discussions and prepare its report to the President. 
This would have put the government in a position to make a critical 
decision. Three options would have been available to the Kim 
Young-sam government. One, the government could adopt the 
recommendation tabled by the Commission which lacks any proposal on 
the core freedom of association issues. Two, it could prepare a unilateral 
package which may include the some reform measures lacking in the 
recommendation of the Commission, that is, amendments for the 
freedom of association issues. Three, the government could dismiss the 
whole reform agenda and decide to postpone the entire effort on the 
basis of a lack of agreement in the PCIR on the fundamental issues.
     In view of such a choice set before the government, the powerful 
economic ministries and business lobby groups (representing the 30 
largest chaebol groups) launched a concerted campaign calling for the 
a total postponement.
   
Presidential deus ex machina - a possible turning point

     The final conclusion of the whole reform discussion, however, was 
put off for few more days, as a result of the deus ex machina 
intervention by president Kim, Young-sam. On October 25, 1996, 
expected to be the last day of the Commission's work on legislative 
amendment, president Kim, Young-sam sent a letter to all of the 
Commission members congratulating them for their work so far and 
urging them to redouble their efforts towards an agreement on the key 
issues and to present the recommendations for legislative amendment by 
November 9, 1996. 
     The unprecedented "presidential letter", raising various interpretations, 
had the effect of cooling down the wide-spread calls for postponement. 
On the surface, the "presidential letter" could be seen as a call on the 
PCIR to adopt some form of recommendation for the key freedom of 
association issues. The "presidential letter" does not suggest any plan of 
action on the part of the government in case the PCIR is unable to 
reach an agreement -- due to the continuing differences of position 
between the employers and labour participating in the Commission. 
However, the powerful economic ministries continue to insist that, as 
reported on November 28, 1996, government should push ahead with a 
unilateral amendment -- focusing on the labour market deregulation 
issues -- if there is no agreement in the PCIR.
     Despite the "presidential letter", the pessimistic view that there would 
not be any progress on the labour legislation amendment for the 
guarantee of the freedom of association and that there would be a 
worsening of the employment related laws -- the labour market 
deregulation measures -- remain dominant. 
  
KCTU's Commitment and Determination

     The decision of the Central Committee, on November 1, 1996, to 
resume attendance at the PCIR meetings reflects the urgency of the 
"changed situation" -- the possibility of a regressive amendment of the 
employment related labour laws and a changed configuration of forces 
surrounding the amendment of the freedom of association issues.
     The Central Committee decided to take part in the PCIR plenary 
session scheduled for November 4, 1996, and the drafting sub-committee 
meeting prior to the plenary session.  The Central Committee also 
decided to organise sit-in strike action by all the KCTU-affiliated 
federation in support of President Kwon, Young-kil's hunger strike. 
President Kwon's hunger strike is aimed at preventing any further 
worsening of the employment related labour laws (the labour market 
deregulation measures) and in realising a full legislative guarantee of 
freedom of association. 
     The hunger strike by President Kwon, Young-kil and the sit-in strike 
by KCTU-affiliated federations and regional councils will lead to the 
National Workers Rally on November 10, 1996, and the possible call for a 
national general strike for a genuine labour law reform.