The court did not block the Samsung Electronics union's general strike itself. However, it ruled that safety and security maintenance work—such as disaster prevention facilities on semiconductor lines, exhaust and drainage facilities, and wafer deterioration prevention—must continue at a "normal level" during the strike.
The point is that the right to strike is recognized, but essential tasks for the safety of semiconductor lines and maintenance of facilities cannot be halted. The issue is how to interpret the "normal level" suggested by the court. Samsung Electronics says about 7,000 people are needed on weekdays to maintain safety and security work, while the union argues that weekend and holiday staffing—"fewer than 7,000"—can also serve as the baseline for normal staffing.
The 31st Civil Division of the Suwon District Court (Chief Judge Shin Woo-jung) on the 18th partially granted Samsung Electronics' request for an injunction to ban unlawful industrial action against the Samsung Electronics chapter of the Samsung Group Supra-enterprise Union and others. The court viewed disaster prevention facilities and exhaust and drainage facilities as safety protection facilities under the Trade Union and Labor Relations Adjustment Act. It also found that tasks such as preventing equipment damage and wafer deterioration constitute security work that must be performed normally during a labor dispute.
◇ Court says "maintain normal level"… management and union clash over 7,000 baseline
The crux of the decision is the meaning of "normal maintenance and operation." The court interpreted this as a state in which the same level of staffing, operating hours, operating scale, and duty of care as before the labor dispute are applied. Even minor environmental changes or process delays in semiconductor production can cause product damage or equipment harm. The decision is seen as reflecting the characteristics of semiconductor manufacturing as a continuous cyclical process.
However, management and the union differ on which point in time and which work pattern should be the reference for the "normal level." Samsung Electronics maintains that about 7,000 people are needed on weekdays to keep safety and security work on semiconductor lines at normal levels. Since the strike takes place on weekdays, the standard should be the usual weekday operating level.
The union, however, emphasized that not all of Samsung Electronics' request was accepted. Majung, the law firm representing the supra-enterprise union, said, "The union also recognized the existence and necessity of safety protection facilities and security work; we disputed only the specific scope and staffing."
The union said that while the court accepted Samsung Electronics' position on the scope of work, it agreed with the union's point that "weekend or holiday staffing also constitutes normal staffing" with respect to headcount.
In a statement, Majung said, "Management has argued that if essential work is performed based on weekday staffing, 7,000 people would be working in the semiconductor institutional sector alone, so it would not impede the exercise of the right to strike," adding, "But under this decision, 'weekend or holiday' staffing, as the union argued, is possible, so the actual number working will be fewer than 7,000, and in effect it does not impede the dispute."
Samsung Electronics interprets it differently. A Samsung Electronics official said, "It is clearly stated in the ruling," adding, "It means maintain the usual weekday operating level on weekdays and the usual weekend operating level on weekends." This does not mean weekend and holiday staffing alone is sufficient when a strike occurs on a weekday; it means the normal operating level based on weekdays must be maintained.
Legal circles view the decision not as denying the right to strike itself, but as specifying the legal limits that must be observed during a labor dispute. Attorney Lee Dong-hyun of Shinjin LLC said, "Basically, the court found that the lawful requirements for a strike were met," adding, "However, considering the social impact of the strike and the restrictions under the Trade Union and Labor Relations Adjustment Act, it is reasonable to understand the intent as limiting the scope of the strike." Attorney Yang Sung-soon of Ichae LLC also said, "Even if a strike is held, it means the restrictions on industrial action under the Trade Union and Labor Relations Adjustment Act must be observed."
The "normal level" standard could become an issue in future litigation. Attorney Lee Dong-hyun said, "The restriction on safety protection facilities is to protect life and body, while the restriction on security work is to minimize property loss and ensure the possibility of resuming operations," adding, "If the court effectively applied the same standard to both areas, different cases in the future might reach different conclusions on what 'normal level' means."
◇ Wafer deterioration also security work… interpretation of "duty of care" could spark disputes
The nature of wafer deterioration prevention is also subject to dispute. The union argued that when production is halted and facilities are in standby, facility-related work is unnecessary, and the remaining tasks presuppose active production, so they cannot be viewed as security work. The court did not accept this. It viewed requiring Samsung Electronics to maintain standby or stop the input of new wafers as "a complete infringement on the employer's freedom to continue operations."
A Samsung Electronics official said, "A wafer can cost tens of millions of won per piece, so if the production process is halted or delayed by a strike, the damage is enormous," adding, "The court took this into account in viewing it as safety and security maintenance work." Attorney Lee Dong-hyun also said, "Wafer deterioration prevention is closer to security work than mere production activity," adding, "The key test is whether operations can resume after the strike as before."
The fact that the court required not only staffing and operating hours but also the "duty of care" to be at normal levels could also ignite future disputes. Because the duty of care is an inherently broad concept, there is a high likelihood of interpretive conflict over whether it has actually been violated.
Attorney Lee Dong-hyun said, "'Violation of the duty of care' is a concept with a broad range of judgment," adding, "If management later files suit against the union, a claim of violating the duty of care is likely to be included." Attorney Yang also said, "The duty-of-care portion appears intended to prevent work-to-rule slowdowns."
◇ Indirect compulsory execution also a flashpoint… concerns of staffing clashes at strike sites
Indirect compulsory execution could also lead to additional disputes. The court ordered each union to pay 100 million won per day of violation and key officials 10 million won each if they breach their obligations to maintain safety protection facilities and perform security work.
However, it remains a separate issue whether a day's delay in security work on specific equipment can be deemed a one-day violation, and whether an individual member's spontaneous act can be attributed to the union and its officials. A Samsung Electronics official said, "This is something the company has not yet specifically reviewed."