With a Samsung Electronics strike one week away, some are calling on the government to invoke its "emergency adjustment authority." In response, the Korean Confederation of Trade Unions criticized the move, saying, "Stop drumming up public opinion for the emergency adjustment authority."
The emergency adjustment authority is a procedure the Minister of the Ministry of Employment and Labor (MOEL) can invoke when a labor action threatens the daily lives of the public or is likely to significantly harm the national economy. Once invoked, labor actions are banned for 30 days, and mediation and arbitration proceed at the National Labor Relations Commission.
On the 14th, the Korean Confederation of Trade Unions said in a statement, "In response to Samsung Electronics workers' labor action, the business community, conservative media, and academia are bringing up the invocation of the emergency adjustment authority," adding, "We firmly oppose attempts to shrink workers' constitutional rights on economic grounds."
It added, "If the logic of restricting the right to collective action is allowed merely because an industry is large in scale and important to the national economy, then in all national strategic industries such as automobiles, shipbuilding, steel, and batteries, workers' lawful strikes could at any time become targets of state intervention," noting, "This can only lead to a precedent that effectively neutralizes the three labor rights guaranteed by the Constitution."
The Korean Confederation of Trade Unions holds that the emergency adjustment authority should be considered only in exceptional situations where there is a grave risk to the public's life and safety, and even then in a limited manner.
The Korean Confederation of Trade Unions also said, "A workers' strike is a legitimate right guaranteed by the Constitution," and urged, "The government should not leave unaddressed the irresponsible drive to sway public opinion over potential restrictions on labor rights, and should actively step in so that a smooth resolution can be reached through negotiations in line with the principle of autonomous labor-management bargaining."
The Samsung Electronics union is pushing to introduce a performance bonus system funded by 15% of operating profit with no cap. It has announced it will begin an 18-day general strike starting on the 21st. Ahead of the general strike, the Samsung Electronics union plans to hold a post-mediation meeting with the National Labor Relations Commission on the 16th to begin talks.