The court did not block the Samsung Electronics union's general strike itself. However, it found that safety and security maintenance work—such as disaster prevention facilities on semiconductor lines, exhaust and drainage facilities, and wafer deterioration prevention—must continue during the strike at a "normal level."
The intent is to recognize the right to strike but not allow even essential work for semiconductor line safety and facilities maintenance to stop. The issue is how to interpret the "normal level" the court presented. Samsung Electronics says about 7,000 people are needed on weekdays to maintain safety and security operations, while the union argues that the smaller weekend and holiday headcount—"fewer than 7,000"—can also serve as the benchmark for normal staffing.
The Suwon District Court's Civil Division 31 (Presiding Senior Judge Shin Woo-jung) on the 18th partially granted Samsung Electronics' request for an injunction to prohibit illegal industrial action against the Samsung Group supra-enterprise labor union's Samsung Electronics chapter 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 work such as preventing damage to work facilities and preventing wafer deterioration constitutes security operations that must be carried out normally during industrial action.
◇The court says "maintain normal level"… management and union clash over the 7,000 benchmark
The crux of the decision is the meaning of "normal maintenance and operation." The court interpreted it as a state in which the same degree of manpower, operating hours, operating scale, and duty of care as before the industrial action is put in. Even minor environmental changes or process delays in semiconductor manufacturing can cause product damage or equipment loss. 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 basis for "normal level." Samsung Electronics says about 7,000 people are needed, based on weekdays, to maintain safety and security operations on semiconductor lines. Because the strike takes place on weekdays, the standard should be the normal weekday operating level.
The union, meanwhile, stressed that not all of Samsung Electronics' request was accepted. Majung, the law firm representing the supra-enterprise union, said, "The union also acknowledged the existence and necessity of safety protection facilities and security operations, and we only disputed the specific scope and the number of personnel to be assigned."
The union said that while the court accepted Samsung Electronics' position on the scope of work, it recognized the union's argument in terms of staffing that "weekend or holiday personnel also fall under normal personnel."
In a statement, Majung said, "Management has argued that if essential work is carried out based on weekday staffing, 7,000 people would be working just in the semiconductor institutional sector, which would not impede the exercise of the right to strike," adding, "But with this decision, work by 'weekend or holiday personnel'—as the union argued—will be possible, so the actual number of workers will be fewer than 7,000, and in effect, there will be no interference with industrial action."
Samsung Electronics reads it differently. A Samsung Electronics official said, "It's clearly stated in the decision," adding, "It means maintain the normal weekday operating level on weekdays and the normal weekend operating level on weekends." If the strike occurs on weekdays, it does not mean weekend or holiday personnel alone are sufficient; it means the normal operating level based on weekdays must be maintained.
In the legal community, the decision is seen not as denying the right to strike itself but as clarifying the legal limits that must be observed during industrial action. Attorney Lee Dong-hyun of Shinjin said, "Basically, the court viewed the legal requirements for a strike as satisfied," adding, "But considering the social impact of a strike and the restrictions under the Trade Union and Labor Relations Adjustment Act, it is reasonable to understand the decision as limiting the scope of the strike." Attorney Yang Sung-sun of Leechae 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, "Restrictions on safety protection facilities are for protecting life and body, while restrictions on security operations are to minimize property losses and ensure the possibility of resuming operations," adding, "If the two areas were effectively judged by the same standard, future cases could reach different conclusions about the 'normal level.'"
◇Wafer deterioration also deemed security work… interpretation of "duty of care" could spark disputes
The nature of wafer deterioration prevention work is also open to dispute. The union argued that when production is halted and in standby, equipment-related work is unnecessary, and the remaining tasks presuppose active production, so they cannot be viewed as security operations. The court did not accept that. It found that requiring Samsung Electronics to maintain standby status or halt new wafer input would "completely infringe the employer's freedom to continue operations."
A Samsung Electronics official said, "Some wafers cost tens of millions of won per piece, so if the production process is halted or delayed by a strike, the losses are enormous," adding, "The court also viewed this as safety and security maintenance work for that reason." Attorney Lee Dong-hyun also said, "Wafer deterioration prevention is closer to security work than simple production activity," adding, "Whether operations can resume as before after the strike ends is the key criterion."
The fact that the court required not only staffing levels and operating hours but also the "duty of care" to be at normal levels could also fuel future disputes. Because the duty of care is a broad concept in itself, there is a high likelihood of interpretive disputes over whether it has actually been violated.
Attorney Lee Dong-hyun said, "'Duty of care violation' is a concept with wide latitude for judgment," adding, "If management later files suit against the union, it is highly likely they will include a claim of duty of care violation." Attorney Yang also said, "The duty of care part appears intended to prevent a slowdown."
◇Indirect compulsory enforcement also a spark… concerns over clashes in staffing at strike sites
Indirect compulsory enforcement could likewise lead to additional disputes. The court ordered that if the union fails to fulfill its obligations to maintain safety protection facilities and perform security operations, each union must pay 100 million won per day of violation and key officials must each pay 10 million won.
However, whether a day's delay in security operations on a particular facility can be deemed a one-day violation, and whether individual members' spontaneous actions can be attributed to the union and its officials, remain separate issues. A Samsung Electronics official said, "This is something the company has not yet reviewed in detail."