President Lee Jae-myung again urged the Ministry of Employment and Labor (MOEL) to issue an "administrative guideline (enforcement rule)" that specifies the concrete scope of labor disputes allowed under the so-called "the yellow envelope law, a new labor law aimed at strengthening the bargaining rights of subcontract workers" (the revised Trade Union and Labor Relations Adjustment Act). With confusion over what can be the target of disputes such as strikes, the intent is to have a legal guideline rather than an interpretation by a government ministry.
At a Cabinet meeting held at 10 a.m. on the 11th at the Government Sejong Complex, Lee said, "Presenting the standards set by (government ministries') interpretation and by law are different things," adding, "The argument that clear matters should have standards specified has some merit."
Lee said, "Presenting the standards set by (government ministries') interpretation and by law are different," adding, "Setting the detailed matters necessary for the enforcement of a law is the authority of the Ministry of the Interior and Safety as defined by the Constitution. Within the scope not contrary to the law, it can do what is necessary for that law's enforcement. If it goes beyond its authority, won't it be ruled invalid?"
Still, he added, "(Government ministries) tend to rely too much on the National Assembly. It can be sufficiently done through the government's enforcement guidelines. There are over 10,000 laws that would need amendment in the National Assembly."
In other words, as the Constitution and laws grant authority to the executive branch, it is interpreted as urging government ministries to take the lead and promptly enact and amend the enforcement rules.
In response, Minister Kim Young-hoon of the Ministry of Employment and Labor (MOEL) said, "(If we do it through enforcement rules,) we would have to list one by one what (counts as) the target of a dispute," but added, "We will actively review it." The Ministry of Employment and Labor (MOEL) was initially known to have set its course toward reinforcing existing interpretations rather than enforcement rules.
Since Samsung Electronics and SK hynix introduced performance bonuses that pay out a portion of operating profit, similar demands have followed at major corporations, heightening confusion at worksites across industries.
It is the so-called "operating profit N% bonus controversy," and management, industry, and labor are offering differing interpretations over whether, under the revised the yellow envelope law, a new labor law aimed at strengthening the bargaining rights of subcontract workers, a "business management decision that affects working conditions" can be the target of a labor dispute.
Investment in the South Jeolla–Gwangju semiconductor cluster, one of the "three mega projects," is also feared to face confusion due to the yellow envelope law, a new labor law aimed at strengthening the bargaining rights of subcontract workers. This is because issues that were originally within the "domain of management rights," such as building new plants or relocating worksites, can become targets for unions to demand collective bargaining and to strike under the revised law.
In response, the People Power Party criticized, "The yellow envelope law, a new labor law aimed at strengthening the bargaining rights of subcontract workers, and an even tougher Commercial Act, which the Lee Jae-myung government and the Democratic Party pushed through, appear to be holding back the Gwangju–South Jeolla semiconductor cluster. In short, they have brought an ax down on their own feet."