The Samsung Electronics union will go on a general strike on the 21st after post-mediation talks failed. As the court ordered the union to maintain essential personnel at normal levels during the strike, some analysts said that if the union violates the order or obstructs access to production facilities or operation of equipment, it could face a monetary sanction of 100 million won per day and even criminal liability.
According to legal sources on the 20th, the core of the injunction that the Suwon District Court issued on the 18th is that the union must keep essential personnel at normal levels during the strike to prevent damage to safety facilities and semiconductor production lines and deterioration of wafers. In line with the court's decision, management has notified the union that 7,087 essential personnel are required per day during a general strike.
If the union violates the court's decision, the union must pay the company 100 million won per day and the union Chairperson must pay 10 million won in indirect compulsory fines. Indirect compulsory fines are monetary sanctions imposed for failing to comply with a court decision or order.
A representative case is the 2019 occupation of the shareholders meeting venue by the Hyundai Heavy Industries (HD Hyundai Heavy Industries) union. At the time, the court accepted the company's request for an injunction to ban obstruction of business, prohibiting the union from blockading the venue or preventing executives, employees, and shareholders from entering, and ordered payment of 50 million won per violation. However, the union continued its occupation sit-in starting four days before the meeting, and the company moved the venue and passed the corporate partitioning agenda. The court later found that the union obstructed entry to the venue three times and ordered payment of 150 million won in indirect compulsory fines.
If the union goes beyond violating the injunction and uses physical force by blocking access to production facilities or preventing equipment from operating, management may file criminal complaints. In particular, obstructing the operation of safety protection facilities or preventing nonunion members from performing their duties could lead to criminal liability such as obstruction of business.
In fact, Samsung Biologics filed a police complaint in April against six union officials on charges including obstruction of business and joint housebreaking, saying that some essential process personnel, for whom the court had granted an injunction banning industrial action, joined the strike and disrupted production.
Attorney and Certified Public Labor Attorney Kim Jun-young of Law Firm Seonin Partners said, "If, during industrial action, the union violates the Trade Union and Labor Relations Adjustment Act by blocking access to production facilities by those not participating in the strike or by committing violence or destruction, it can face up to three years in prison or a fine of up to 30 million won." Kim added, "If the government exercises its emergency adjustment authority and the union ignores it and continues industrial action, that also subjects it to penalties."
Under the Trade Union and Labor Relations Adjustment Act, if the emergency adjustment authority is exercised, the union must immediately stop industrial action, including strikes. It can resume industrial action after 30 days. Violations are punishable by up to two years in prison or a fine of up to 20 million won.
Meanwhile, the Samsung Electronics labor and management sides held a third post-mediation meeting at the Central Labor Relations Commission at the Government Complex Sejong on this day but failed to reach an agreement. The parties resumed wage talks at 4 p.m., with Ministry of Employment and Labor (MOEL) Minister Kim Young-hoon personally stepping in as mediator. The union said that if the talks break down, it will launch a general strike on the 21st.