[asia-apec 168] Vision for new labour-management relations

[daga]

Vision for new labour-management relations
Korean Worker, September 1996 

(Newsletter of the Yong Dong Po Urban Industrial Mission)

In April the Kim Young-Sam government administration presented a "vision for
new labour-management relations" which aims to transform the existing labour
management relations (LMR) into a new co-operative and participatory model.
The government presented five principles to be incorporated into the VNLMR:
maximising the common good; participation and co-operation;
labour-management autonomy and responsibility; emphasis on education and
human dignity; and globalisation of institutions and attitudes.

Following this presentation, in May President Kim established a presidential
commission for labour reform (PCLR), comprising management, labour and
public interest representatives. Of particular note was the decision of the
Korean Confederation of Trade Unions (KCTU), which has been seeking labour
reform and carrying out its own battle for legal recognition, to participate
in the presidential commission.

>From the beginning the PCLR has had a tough task of satisfactorily meeting
the differing demands of the different groups through national and social
consensus under the leadership of the government. On the one hand labour
groups, such as the KCTU, are demanding overall revision of collective
labour-management law, including the lifting of the bans on multiple trade
unions and interference by third parties in line with international
standards. On the other hand, employer groups, such as the Korean Employers
Federation (KEF), are demanding separate revision of individual
labour-management law, including the relaxing of conditions for the
dismissal of workers, introduction of a flexible working hours system, and
labour dispatch law. Among the challenges facing the PCLR are whether or not
the current political leadership can secure a solution to the inevitable
intense conflict between labour and management; whether or not the focus on
the reform of LMR can include the full participation of the KCTU, whether or
not the Federation of Korean Trade Unions (FKTU) can recognize the KCTU, and
whether or not the disagreement of capital headed by the KEF can be
minimized. Both the KCTU and the FKTU have strongly stated that they are
opposed to any detrimental revision of the labour laws.

In mid-July the PCLR outlined seven basic principles for the improvement of
LMR agreed to by all representatives:

1) Improvement of labour-management co-operation and rational arbitration of
conflict.
2) Respect for labour-management autonomy and equality.
3) Elevation of the quality of workers' lives and increasing the power of
the labour market.
4) Focus to be on variety for the sake of balanced development and
improvement of international competitiveness.
5) Clarification of basic ideology and consolidation of formal standards.
6) Respect for international standards and customary practice.
7) Respect for labour management consensus and concern for national well-being.

These principles provide a general direction with regard to all sensitive
issues between labour and management. However while the committee managed to
reach consensus on a general direction for the improvement of the labour law
and systems, considerable difficulty is being experienced in reaching
consensus on the revision of detailed labour clauses.

A prime example is in the case of the granting of basic labour rights to
civil servants and teachers. Whilst in July the PCLR hinted at the
possibility of allowing civil servants and school teachers to organise trade
unions, in September their position again reversed. It now seems unlikely
that public servants and school teachers will be granted the rights to
collective bargaining and actions.

On the other hand in late September the PCLR agreed to lift a ban on the
political activities of trade unions. On other key issues however, the
commission has as yet failed to reach agreement. Due to the big differences
between management and labour representatives, at the end of September, the
public interest representatives drafted a report, which is currently being
internally circulated within the PCLR.

The Position of the KCTU

The position of the KCTU with regards to the PCLR, was discussed in detail
during a membership training session for individual union representatives
which was held in July by the KCTU. This session provided time to review the
income increase and collective bargaining struggle set up by the KCTU in the
first half of the year, and to examine the situation with regards to the
revision of the labour law currently in progress. In addition on the basis
of this review, the direction needed in the second half of the year was
discussed.

Many representatives expressed their deep concern for the current situation
with regards to the content of the labour law revision and cautiously
questioned whether or not the KCTU should "withdraw from the presidential
commission on labour reform (PCLR)". This position arose due to the PCLR's
complex character and the differing views on the PCLR within the democratic
labour camp.

Various opinions were submitted in relation to participation in the PCLR and
many representatives presented the opinion that they should make it clear
whether they would withdraw from the PCLR or not by the end of August when
the PCLR presents its proposals and that they should concentrate on mass
struggle. Others suggested that while the labour law revision struggle was
unfolding, maintenance of maximum participation in the PCLR was needed. The
matters above, which have been being brought up continuously since the
PCLR's inauguration, reflects the continuing anxiety about the current
situation regarding reform discussions with the PCLR.

With the release of the internal report drafted by the public interest
representatives of the PCLR at the end of September, the KCTU has officially
withdrawn from the PCLR citing the fact that it is not possible for the KCTU
to reach consensus on the proposed reforms in this report.

(Sources: Korean Institute for Labor Studies and Policy, KCTU Newspaper,
Korean Herald)