The court will decide between the 13th and 20th of next month, just before the general strike, whether to grant Samsung Electronics' injunction request to ban illegal industrial action by the unions.
At 10 a.m. on the 29th, the Suwon District Court Civil Division 31 (Presiding Judge Shin Woo-jung) held the first hearing in the injunction case Samsung Electronics filed on the 16th against two unions—the enterprise-wide labor union's Samsung Electronics chapter and the National Samsung Electronics Labor Union—to ban illegal industrial action. The hearing was held behind closed doors and lasted about an hour.
In addition to the parties, about a dozen union members who had obtained prior permission to attend were present. In the closed hearing, Samsung Electronics presented the grounds for the injunction with a PowerPoint for about 50 minutes.
The company emphasized the need to properly maintain and operate safety protection facilities and to carry out work to prevent deterioration or spoilage of wafers, the base material for semiconductors, and raised the possibility of illegal industrial action such as occupying production facilities and using intimidation to induce participation in industrial action.
The company cited overseas cases showing that major semiconductor firms in the United States, Japan and Germany have not halted facilities due to industrial action, and explained to the court that if facilities are shut down, expensive equipment would be damaged, inevitably delaying the timeline for resuming operations. It argued that the minimum number of personnel needed to keep wafers from being damaged must be deployed regardless of the industrial action.
The court will hear the unions' position on the company's claims on May 13, the next date. It plans to rule on the injunction by the 20th, a day before the general strike set for May 21. Accordingly, a decision is expected between May 13 and 20.
After the hearing concluded, attorney Hong Ji-na, legal representative for the enterprise-wide union, told reporters, "The union also acknowledges the need to maintain security and safety facilities, but while we were discussing excluding production-related duties, the company suddenly filed for an injunction," and added, "However, the company has not submitted to either the union or the court the minimum number of personnel actually needed for maintenance work."
She continued, "There is no plan to occupy facilities, and the company is calling essential industrial activities an occupation," adding, "The Chairperson's remark that 'we are prepared to face criminal punishment' reflects the will to continue the industrial action despite any pressure, given the company has already filed a criminal complaint, and does not mean a willingness to carry out illegal industrial action."
Earlier, on the 23rd of this month, the enterprise-wide union, whose members make up a majority of Samsung Electronics' workforce, held a large rally of resolve demanding 15% of operating profit as the bonus pool. About 40,000 members took part.
The union said it will stage a general strike by occupying the Pyeongtaek office for 18 days starting on the 21st of next month, and noted that if the strike succeeds, backup and recovery could take more than a month, causing the company significant losses.