Assessment of the EU - Rep. of Korea FTA Comments regarding the FTA references to

1. TUAC Trade Union Advisory Committee to the OECDCSC Commission Syndicale Consultative aupres de l’OCDE Assessment of the EU - Rep. of Korea FTA Comments regarding the FTA references to core labour standards and the labour rights situation in the Rep. ofKorea Roland Schneider, TUAC Brussels, 23 June 2010

2. TUAC Trade Union Advisory Committee to the OECD Trade Union Advisory Committee to the OECD 15, rue la Perouse75016 ParisFRANCE Tel : +33 (0) 1.55.37.37.37 Fax : +33 (0) 1.47.54.98.28 • An international trade union organisation with 56 affiliates from OECD member countries, among them FKTU and KCTU • financed by its members • operates as the interface of organised labour with the OECD; based on consultative status • operates through a small secretariat in Paris Office

3. TUAC Trade Union Advisory Committee to the OECD

4. TUAC Trade Union Advisory Committee to the OECD • Violation of trade union rights in Korea as reported by the ITUC • Worsening repression of union organising • "Illegal" strikes and police violence: Collective action often becomes "illegal", even when it is not in essential services, given the complicated legal procedures for organising a strike. The government continued to repress such action severely • Public sector workers threatened – collective bargaining agreement ignored • Civil Servant union leaders dismissed after attending rally • Government interference in union affairs

5. TUAC trade union advisory committee to the OECD CSC commission syndicale consultative aupres de OCDE Labour Law reform in Korea: Findings of missions and reports regarding the OECD Monitoring Mandate Items in conflict with internationally recognized labour standards / Outstanding labour law reform issues (1)

6. TUAC trade union advisory committee to the OECD CSC commission syndicale consultative aupres de OCDE Labour Law reform in Korea: Findings of missions and reports regarding the OECD Monitoring Mandate Items in conflict with internationally recognized labour standards / Outstanding labour law reform issues (2)

7. TUAC trade union advisory committee to the OECD CSC commission syndicale consultative aupres de OCDE TUAC considers the following ass outstanding issues of labour law and IR reform in Korea: The ongoing criminalization of union activity, based on the “Obstruction of business” clause in the penal code. Article 314 of the Criminal Code, which classifies many normal forms of trade union activity as “Obstruction of Business” and is used to arrest and imprison trade unionists.. The limitation of union rights for government employees. The limitation of trade union rights for ‘irregular’ workers not covered by the standard employment relation ship such as workers in temporary employment, for migrant workers and unemployed workers. Ongoing government interference into industrial relations

8. TUAC trade union advisory committee to the OECD CSC commission syndicale consultative aupres de OCDE TUAC therefore calls on the Government of Korea: To repeal immediately the provision in the TULRAA on the ban of wage payment to full-time union officials. To guarantee voluntary collective bargaining when union pluralism is allowed at enterprise level and develop the most suitable forms of bargaining channels in full consultation with the FKTU and KCTU with the advice of the ILO. To guarantee basic labour rights of government employees and end the harassment of the government employees’ unions To stop illegitimate interference in industrial relations in the public sector including the denial of collective bargaining agreements To fulfil its responsibilities as a member of the OECD to ensure full compliance with internationally recognized labour standards and in particular to move forward to ratification of ILO conventions 87 and 98 on freedom of association and collective bargaining.