Dear friends,
As many of you may know, I am working as international director for the Korean Federation of Public Service and Transportation Workers Unions (KPTU) as well as continuing to do international work for the RIAWM. RIAWM works closely with KPTU and supports its struggle for quality public services and public sector trade union rights.
I will use this opportunity to ask you for your support for the reinstatement of KPTU and other public sector workers in S. Korea, dismissed in acts of union repression.
Please sign the attached petition and send it back to the email address or fax provided.
---
Dear Sister and Brothers,
We send you warm greetings and solidarity from the Korean Government Employees’ Union (KGEU) and the Korean Federation of Public Services and Transportation Workers’ Unions (KPTU), two public sector unions representing more than 270,000 Korean workers.
We are writing to ask for your solidarity concerning an issue of dire importance to public sector workers in South Korea. Over the last several years, hundreds of KGEU and KPTU members have been unfairly dismissed from their jobs in retaliation for legitimate union activities. Over 300 of these workers have yet to be reinstated. Among them are KGEU President Kim Jungnam and General Secretary Gwak Gyu-woon, dismissed from their jobs as government employees shortly after Park Geung-hye, the candidate of the conservative New Frontier Party, was elected as South Korea’s next president last December. The list of dismissed workers also includes 96 members of the KPTU-affiliated Korean Railway Workers’ Union who participated in strikes against rail privatization and dozens of others who have fought to defend quality public services and public sector labor rights. The reinstatement of these and all unfairly dismissed workers is essential to healthy public sector labor relations and to ensuring the provision of quality public services in South Korea.
President-elect Park Geun-hye, the daughter of the 1960s and 70s military dictator Park Chung-hee, will take over the presidency on February 25. While Park has spoken extensively about creating wide social cohesion, her anti-labor record, her support for privatization and her promise to pursue ‘public sector rationalization’ - a euphemism for restructuring - foreshadow dark times for public sector workers. Unless a strong message is sent, it is unlikely that the new administration will pursue reinstatement. Rather, we are likely to experience even more dismissals.
We are therefore calling for solidarity from our brothers and sisters in the labor movement who support the fundamental rights of public sector workers and quality public services.
Please sign the attached petition and send it by email or fax to limwolsan@gmail.com, +82 (0)2 497-0444 by February 6 (Wed.)
We will collect all petitions and deliver them to Park Geun-hye’s transition committee before the New Years holiday begins on February 9.
A second attachment contains detailed information about unfairly dismissed members of the KGEU and KPTU.
For more information contact:
KGEU
Sunghee
Oh, tel (office): +82 (0)70 7728-4728, tel (cellular): +82 (0)10 9976-1314,
fax: +82 (0)2 2631-1949, email: kgeu.inter@gmail.com
KPTU
Wol-san
Liem, tel (office): +82 (0)70 4393-0335, tel (cellular): +82 (0)10 5003-8419,
fax: +82 (0)2 497-0444, email: limwolsan@gmail.com
Dismissed Worker Petitionfinal
Petition to President-elect Park Geun-hye for
the Immediately Reinstatement of Unfairly Dismissed Public Sector Workers
1. The Korean Government
Employees’ Union (KGEU) and the Korean
Federation of Public Services and Transportation Workers’ Unions (KPTU) are two public sector unions in
South Korea, together representing more than 270 thousand workers.
2. Currently 137 members of the
KGEU and 165 members of the KPTU dismissed in retaliation for legitimate union
activities have yet to be reinstated. Thousands of other KGEU and KPTU members
have been subjected to other forms of disciplinary measures in relation to
their union activities.
3. The majority of dismissed
KGEU members were fired for having participated in the struggle against the
enactment of the ‘Public Officials’ Trade Union Act’, written to severely restrict the fundamental
labor rights of government employees, or for having criticized misguided
government policy. The majority of dismissed KPTU members, workers at public
enterprises, were dismissed for opposing public sector privatization and other
government policies that threaten quality public services, or because they
sought to form unions in order to improve poor working conditions.
4. Despite the fact that a ‘Special Act on the Reinstatement of Government
Employees Dismissed or Disciplined in Relation to Union Activities’ received support by a majority of the members
of the 19th National Assembly, and was formally proposed in June
2012, the administration and related government offices have not made any
effort to move it forward.
5. The unfair dismissal of
public sector workers results from and furthers the deterioration of public
sector labor relations. The economic, social and psychological difficulty
suffered by those who have been without jobs for extended periods is not only a
problem of labor rights but also a severe violation of basic human rights.
6. We call on President-elect
Park Geun-hye to commit to the reinstatement of all unjustly dismissed public
sector workers and to restoring the status of those who have been subjected to
other forms of disciplinary measures. These acts are necessary for the
normalization of public sector labor relations, the correction of human rights
violations and the protection of quality public services.
2013. 1.
Union/Organization: Name:
Email:
Background on Dismissed KGEU KPTU members.
Unfairly
Dismissed Public Sector Workers and Related Demands
(As of Jan. 2013)
1.
Korean Government Employees’ Union
(KGEU)
1)
Overview
- As of January, 2013, 137 workers
have been unfairly dismissed (without reinstatement) in relation to their
activities with the KGEU
* KGEU President Kim Jungnam Kim
and General Secretary Gwak Gyu-woon were dismissed from their jobs as
government employees in Gangwon Province and Daegu respectively in January
2013, shortly after the election of New Frontier Party Candidate Park Geun-hye
as South Korea’s next
president.
- Most dismissed KGEU members were excluded from public office for having
been absent for a single day of work when they participated in a full
membership strike carried out in relation to the enactment of the Public
Officials’ Trade
Union Act in 2004.
- During the Myung-bak Lee administration, 20 additional KGEU members
were dismissed for having made simple statements of opposition against
government policy.
- Due to the long period of unemployment, which for many extends from 8
to 10 years, some dismissed workers have now past retirement age.
- Long periods of unemployment have led to severe economic, social and
psychological hardship, not only for the workers in question, but also for
their families.
2)
Dismissed KGEU Members by Age (as of January 2013)
Total
|
Below 40
|
40 to 44
|
45 to 49
|
50 to 54
|
55 and above
|
137
|
2
|
23
|
51
|
45
|
15
|
3) Dismissed KGEU Members by Division
(as of January 2013)
Total
|
Gangwon
|
Gyeonggi
|
S. Geongsang
|
Gwangju
|
Education
|
National Assembly
|
Daegyeong
|
Universities
|
Courts
|
Busan
|
137
|
15
|
19
|
5
|
5
|
3
|
1
|
7
|
2
|
3
|
3
|
Seoul
|
Elections Committee
|
Ulsan
|
Incheon
|
S. Jeolloa
|
N.Jeolla
|
Jeju
|
Central
|
S. Chungcheon
|
N. Chungcheong
|
|
24
|
1
|
15
|
9
|
4
|
1
|
1
|
4
|
2
|
13
|
4)
Analysis
1. The problem of dismissed workers is used as a basis for continued
labor repression
- Since the KGEU was formed through the merger of government employee’s unions on September 26, 2009, the government has rejected the union’s notification of establishment three times on the basis that it has
dismissed workers among its membership.
- Measures such as preventing dismissed workers from access to government
buildings are being used to create animosity and isolate dismissed workers from
their colleagues.
2. Failure to reinstate dismissed workers is leading to a deterioration
in labor relations.
- Per Article 33, clause 2 of the South Korean Constitution, the government
has the responsibility to protect government employees’ fundamental rights in law. Nonetheless the government has sought to
blame government employees for the fact that such a law has not been enacted.
- In relationship the establishment of KGEU’s precurssor in 2002 and the struggle against the Public Officials Trade
Union Act, the government had already agreed to the union’s demands.
- The government has reinstated the teachers fired in the process of the
establishment of the Korean Teachers and Education Workers Union. Considering
this precedent, those dismissed during the formation the public employee’s union should be reinstated immediately.
- The reinstatement of dismissed government employees would alleviate one
of the main sources of conflict plaguing government employee labor relations.
It would be the first step towards the establishment of rational labor
relations and harmonious relations among government employees.
5)
Demands
1. Complete pardon for and simultaneous reinstatement of all 137
dismissed KGEU members
- Complete pardon for and simultaneous reinstatement of all dismissed
KGEU members
- Inclusion of periods between dismissal and reinstatement in pay scale
and seniority calculations
- Recognition that dismissed government employees were fired in relation
to activities aimed at reforming public administration for the better
2. Enactment and amendment of related laws
- Enactment of the ‘Special
Act on the Reinstatement of Government Employees Dismissed or Disciplined in
Relation to Union Activities
- Amendment of related laws to guarantee inclusion of period of dismissal
in calculation of seniority and government employee pensions.
6)
Special Act on the Reinstatement of Dismissed Government Employees
- The ‘Special
Act on the Reinstatement of Government Employees Dismissed or Disciplined in
Relation to Union Activities’ was
introduced in the 18th National Assembly by Democratic Party representative
Young-Pyo Hong but was not processed.
- 88 National Assembly members from both the ruling and opposition
parties, 1 metropolitan council leader, 26 local government leaders, 327 local
council members and some 100 thousand union members and citizens signed a
petition calling for the enactment of the law.
- During the 18th National Assembly, the enactment of legislation for
complete pardon for and simultaneous reinstatement of dismissed government
employees was made part of the platform of the Democratic United Party
(DUP).
- At the time of the 19th General Elections KGEU President Kim
Jongnam and DUP Chairperson Han Myung Sook signed a policy agreement
reaffirming the commitment to pursue such legislation as part of the party
platform.
- After the opening of the 19th General Assembly the Special
Act was introduced by DUP Representative Hong Young-pyo in July 2012, but did
not move past the sub-committee level.
2.
Korean Federation of Public Services and Transportation Workers’ Unions (KPTU)
Total Dismissed KPTU members
Form of Employment
|
Number
|
Total
|
Public Enterprise Regular Employment
|
139
|
435 +
|
Public Enterprise Irregular (Precarious) Employment
|
266 +
|
|
Private Enterprises in the Public/Transport Sector
|
30 +
|
Workplace
|
Number
|
Reason
for Dismissal
|
|
1
|
5 power generation companies
|
6
|
Union activities
|
2
|
Korean Railroad Corporation
|
96
|
Strikes in 2003 and 2009
|
3
|
Korea Rural Economic Institute
|
1
|
Union activities
|
4
|
Korea Institute of Science and Technology
|
1
|
Union activities
|
5
|
Korea Advanced Institute of Science and Technology
|
2
|
Union activities
|
6
|
National Heath Insurance Service
|
12
|
Disciplinary dismissal related to union activities (KCTU)
|
7
|
National Pension Service
|
2
|
Union activities
|
8
|
Busan Transportation Corporation
|
1
|
Union activities
|
9
|
Deagu Metropolitan Transit Corporation
|
13
|
Union activities
|
10
|
Seoul Metropolitan Rapid Transit Corporation
|
4
|
2010 strike and other union activities
|
11
|
Korea Rail Network Authority
|
1
|
Union activities
|
Total
|
139
|
B. Characteristics of Dismissals
1. Dismissals for strikes against privatization, other efforts to defend
quality public services
- Dismissed for strikes against privatization (power generation), to win
a workforce increase to improve the service quality (Daegu transit),
privatization of the facilities team (Korea Institute of Science and
Technology)
2. Dismissal after designation of a legal strike as illegal
- Korea Railroad Corporation workers engaged in a legal strike in 2009.
President Lee Myung-bak, however, called the strike illegal and promised stern
action leading to the dismissal of 180 workers. Many of these workers have been
reinstated in accordance with court decisions, however there are still 96
railway workers (including those dismissed in relation to a previous strike in
2003), who have yet to be reinstated and recent court ruling indicate the
possibility of more dismissals.
3. Dismissal as union busting
- The managements of public enterprises have closely monitored union
officers and intentionally targeted them for dismissal. There are numerous
cases of the disciplinary dismissal of union members simply because they wrote
comments on the bulletin boards on union websites or participated in KCTU
activities.
C. Demands
1. Reinstatement of dismissed workers in order to normalize public sector
labor relations
- The majority of dismissed public enterprise workers have been fired in
relation to their opposition to government policies affecting the public sector
(privatization, restructuring of the wage system, etc.). These dismissals are
the product of government public sector policy and further deteriorate public
sector labor relations. The government must put forth a plan for reinstating
these workers in order to normalize public sector labor relations.
2. Reinstatement of dismissed workers as a correction to human rights
violations
- Dismissed public sector workers have been out of jobs for anywhere from
one to ten years. They suffer great hardship due to long periods of
unemployment, including severe psychological distress. Such difficulties drove
one dismissed worker from the Korean Railroad Corporation to take his own life
in 2011, and many more workers are forced to seek psychological treatment.
Reinstatement is necessary to end this suffering.
2)
Public Enterprise Irregular Workers
A. Total Dismissed Public Enterprise Irregular Workers
Workplace
|
Number
|
Form
of Employment
|
Reason
for Dismissal
|
|
1
|
Korea Sports Promotion Foundation
|
7
|
direct
|
Cancelation of contract in relation to union activities
|
2
|
National Opera Choir
|
6
|
direct
|
Cancelation of contract in relation to union
activities
|
3
|
Jeju Arts Organization
|
4
|
direct
|
Cancelation of contract in relation to union
activities
|
4
|
Seongnam City Arts Organization
|
1
|
direct
|
Disciplinary dismissal in relation to union activities
|
5
|
Incheon International Airport Corporation
|
2
|
indirect
|
Refusal of succession of employment after change in
contract company in relation to union
activities
|
6
|
irregular education support workers
|
240 +
|
indirect
|
Cancellation of contract
|
7
|
Kyungpook National University Hospital
|
6
|
direct
|
Cancellation of contract
|
Total
|
266 +
|
B. Characteristics
1. Dismissal through cancelation of contract targeting union members
- Irregular workers at public enterprises have established KPTU chapter
unions in order to improve the poor working conditions they face. The
managements of public enterprises target these individuals for contract
cancelation, in effect firing them.
2. Abuse of short-term contract system to replace one group of irregular
workers with another
- Dismissed irregular education support workers (at public schools) and
Kyungpook National University Hospital workers were on short-term contracts
despite actually performing permanent functions. Once their contact periods
ended they were dismissed, leaving them unemployed, while new irregular workers
were brought in to fill their places. Nationwide, over 240 education support
workers who are members of the KPTU have faced this situation, and the number
continues to rise.
C. Demands
1. Regularization of employment status of workers on short-term contracts
at public enterprises
- There are numerous irregular workers on short-term contracts at public
enterprises. To avoid the situation where such workers face dismissal only to
be replaced by other irregular worker, the structure of employment must be
changed.
2. Prohibition of outsourcing, transition to direct employment
- The practice of outsource necessary functions to private companies,
rampant among public enterprises, leads to an increase in irregular jobs and
the deterioration of working conditions, and provides a way for the actual
employer to avoid guaranteeing trade union and other labor rights. This system
must be changed.
3)
Private Workplaces in the Public/Transport Sector
A. Total Dismissed Workers a Private Workplaces in the Public/Transport
Sector
Workplace
|
Number
|
Form
of employment
|
Reason
for Dismissal
|
|
1
|
LG U+
|
1
|
regular
|
Union activities when company was Dacom
|
2
|
KT
|
1
|
regular
|
Disciplinary dismissal, supposedly for lack of
diligence after public interest disclosure
|
3
|
Seoul Chamber of Commerce and Industry
|
1
|
regular
|
Disciplinary dismissal related to union activities
(KPSU, KPTU precurssor)
|
4
|
Korea Limousine
|
2
|
regular
|
Union activities
|
5
|
Korea Airlines
|
5
|
regular
|
Strike (2 pilots), union busting (3 regular employees)
|
6
|
Dong-a University Hospital
|
1
|
regular
|
Union activities
|
7
|
Botanical Garden Yeommiji
|
2
|
regular
|
Dismissed again for demanding full reinstatement of
all dismissed workers having been reinstated individually
|
8
|
Botania
|
1
|
regular
|
Union activities
|
9
|
Korea Ginseng Corp.
|
3
|
irregular (indirect)
|
Disciplinary dismissal related to union activities
|
10
|
Rail Express
|
2
|
regular
|
Union activities
|
11
|
Taxi
|
11
|
regular
|
Union activities
|
12
|
Bus
|
undetermined
|
regular
|
Union activities
|
Total
|
30 +
|
B. Demands
1. Establishment of democratic labor relations at private workplaces in
the public/transport sector
- Despite being employed at private companies, communications, hospital
and transport workers provide important public services. Union repression and
unjust dismissals are common at these workplaces. The government must take
measures to ensure democratic labor relations in these sectors.
[1] Public
enterprises (institutions) as stipulated under the ‘Act on the Management Public Institutions’
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