URGENT ACTION ON SERIOUS REPRESSION BY THE KOREAN GOVERNMENT AGAINST THE KCTU LEADERSHIP. 

Dear Comrades in SIGTUR,

The situation in Korea is extremely serious.

There are arrest warrants issued for 21 senior leaders including the KCTU President, First Vice President, the General Secretary and the senior leadership of the metal union (KMWU).

Family homes have been searched and the KCTU officers surrounded.

There have been two arrests: Ms Jin Yeong-ok, First Vice President is in jail along with a senior leader from the KMWU.

We urge every single union federation participating in SIGTUR to stand by our Korean Comrades as they face this vicious repression.

Please consider the following:

Immediately send a letter of protest to the Korean Government (see email details at the end of the KCTU document that follows)

1. Organize a delegation to meet with the Korean Ambassador in your country to convey our horror at the repression and to stipulate the five demands of the KCTU (see the demands listed in their document).  Request a written response within a set time period.

2. Organise a meeting with your Foreign Minister to request your government convey the same

3. If the Korean government fails to respond to the above, we recommend a second stage in the global campaign:

          Mass protest action at the Korean Embassy and action in Hyundae

•         Explore trade and investment with Korea and how the unions can intervene

Please communicate your actions to KCTU International Director, Lee Changgeun and to SIGTUR Co-ordinators Arokia Dass and Rob Lambert.

Background

In the midst of mass candlelight protests calling for renegotiations of the April 18th Protocol on importation of US beef, KCTU decided to go into general strike on July 2 calling for protection of peoples right to health and renegotiation of April 18 Protocol to reflect food safety concerns. The Korean Metal Workers' Union (KMWU) played a leading role in the general strike. The prosecutor and the Ministry of Labor declared the July 2nd strike illegal, and even before the launch of strike, on June 30^th, the 66 senior prosecutors called an urgent meeting at which it called the general strike a political strike and announced they would pursue investigations against law-breakers. 

The prosecutor filed for arrest warrants against the leadership of KCTU, KMWU and Hyundai Motor Branch on the grounds of obstruction of business provision in section 314 of the Penal Code. They include Mr. Lee Suk-haeng(KCTU President), Ms. Jin Young-ok(KCTU First Vice-president), Mr. Lee Yong-shik(KCTU General Secretary), Mr. Jung Gab-deuk(KMWU President), Mr. Nam Taek-gyu(KMWU First Vice-president) and all 6 of the top elected officers of the Hyundai Motor Branch(Mr. Yoon Hae-mo, Mr. Kim Tae-gon, Kim Jong-il, Mr. Jung Chang-bong, Mr. Joo In-koo, Mr. Jo Chang-min). All had participated actively in the strike. Search warrants for their houses were issued.  

Since the arrest warrants were issued on July 24 hundreds of police have surrounded the KCTU headquarters, searching all who enter the building. On July 27, police arrested the First Vice President Jin Young-ok in downtown Seoul, while she was on her way to meet her family. She is detained in the Youngdeungpo Police Station.  

The South Korean Government's violent repression of the candlelight protest has been severe enough to attract the criticism of Amnesty International.(please see the attached document.) It is this government that has not hesitated to encircled and blocked the entrance to the KCTU building, carry out illegal searches and as if this wasn't enough, carry out such human rights violations as the surveillance of and following of the KCTU leadership's family members  

Government agencies argue that the July 2nd general strike was illegal since they say renegotiation of April 18 protocol on US beef importation and achievement of national industry-level collective bargaining is not related to wages or working conditions, and therefore does not meet procedural requirements. KCTU is clear that the July 2nd general strike was not illegal, the Government actions are merely an extension of the government's anti-labor policies.  

Legality of KCTU General Strike

KCTU called a general strike on 2^nd July with renegotiation of the April 18 Protocol on US beef imports reflecting food safety concerns being declared a priority aim of the strike. The Ministry of Labor and Prosecutor says this is the main reason the strike was illegal. The South Korean government's very narrow interpretation of strike grounds restricts action to wages and working conditions only. 
 
The typical positions with regards to judging the legality of a strike based in relation to its aims can be summarized as the followings, 1) the aims should be limited to concluding a collective agreement concerning wages and working conditions and 2) industrial actions to improve workers' socioeconomic status are included as just and legal strikes. The international labor standards that the ILO has put forth have always supported the latter position. 

According to the 1996 ILO Committee on Freedom of Association Digest, para 527 "Organizations responsible for defending workers socio-economic and occupational interests should be able to use strike action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members and on workers in general, in particular as regards employment, social protection and standards of living."

The socioeconomic status of workers is directly affected by international trade agreements and a wide range of state processes. Not only the improvement of workers' socioeconomic status, but also their working conditions can be directly and indirectly affected by the actions of states. Under these conditions, the workers representatives right to participate in the field of national decision-making should be protected, but when it is not, the right of workers to carry out collective action in order to achieve their socioeconomic interest must be guaranteed. 

The International Trade Union movement works on trade issues on a permanent basis and has a strong policy on health and safety, including food safety. With good reason KCTU was involved in the trade agreements including April 18 protocol on US beef importation. The right to strike stipulated not only in international labor standards but also the South Korean Constitution has to be positively interpreted to guarantee the right of workers to carry out collective actions for the sake of these interests.      

Repression against KMWU 

Since last April, KMWU has carried out negotiations with employers demanding national-level industrial collective bargaining and, in order to achieve this demand, went on strike as a means to pressure the employers. As such, on June 20th KMWU made an application for arbitration to the National Labor Relation Committee and before this, from June 10th to 14th carried out a strike vote during which the majority of union members voted in favor of a strike, thus following legal labor dispute procedures.

While follow these legal procedures, KMWU went on strike not only in response to the KCTU's recommendation for a strike on July 2nd but also to achieve a national-level industrial collective bargaining. These fundamental working conditions issues were ignored and the Ministry of Labor and the prosecutor based their judgment of the legality or otherwise of the action solely on the socioeconomic issue. Labor dispute action places pressure on the employer. 

If during the course of a strike for a wage agreement repression is carried out against some of the members, the strike might then continue to be carried out with the demand of stopping the repression. Action may change based on the ebbs and flows of the situation. When judgement of the legality or otherwise of a strike on the basis of one upon demands at a particular moment. Here no regard has been given to the overall process.

For their own repressive reasons, the South Korean Government has used theri own bvery narrow legal interpretation to fabricate a legal loophole to repress and imprison workers and stop their legal rights. It is a brutal denial of a workers democratic and human rights. 

KMWU carried out the strike on July 2 in accordance with the KCTU general strike directive and after having been in negotiation with employers, deciding to carry out a labor dispute action in order to meet those demands and completing mediation and other measures.   

Instead of negotiating, the Government has declared the strike illegal and applied to arrest the President of the Hyundai Motors Branch and other officers. 
 

Calling for Solidarity

The fundamental objective of the trade union movement should be to ensure the development of the social and economic well-being of all workers. And it should be noted that wider socio-economic issues related to globalization affect directly or indirectly social and economic conditions of workers.

KCTU general strike on July 2nd was aimed at renegotiation of April 18 protocol on US beef import, stopping privatization and marketization of public services, opposition to the plan of building Korea Grand Canal, and taking appropriate measures to solve the soaring consumer prices. We believe that these issues are clearly related to social and economic well-being of workers and their families so as to be the aims of industrial actions. 

The ILO strongly urges that no one should receive criminal sanction or be deprived of their freedom for the fact of simply exercising the right to strike. And in particular, the ILO has recommended continuously that South Korean government adopt a general practice of investigation without detention of workers and bring section 314 of the Penal Code (obstruction of business) in line with freedom of association principles.

In addition, the concluding observations of the UN Committee on Economic, Social and Cultural Rights on May 21, 2001 stated as follows : 

 
20. The Committee is also concerned that the laws governing industrial actions are not transparent and appear to give the authorities inordinate discretion in determining the legality of strikes. In this regard, it considers entirely unacceptable the approach taken to criminalize strike activities. In addition, the Committee is deeply disturbed by the excessive force used by the police against recent labour demonstrations that had been set off by massive lay-offs. The Committee considers the combined effect of these circumstances to be a clear negation of the rights provided for in article 8 of the Covenant.(E/C.12/1/Add.59)

The large-scale repression being carried out against KCTU right now is, more than ever, proceeding in an irrational manner. Arrest warrants have been issued for the President, First Vice president and General Secretary as well as the leaders of member organizations of KCTU in relation to the strike and there is even a threat of invasion of the KCTU headquarter building in order to arrest those for whom warrants have been issued. It is clear that this serious repression will lead industrial relations into a downward spiral from which it will be highly difficult to escape.

SIGTURcalls for your solidarity to protest the South Korean government repression against the KCTU and fundamental repression of trade union rights. 

Demands

 
1. That the South Korean government immediately stop repression against the KCTU and the leadership of its affiliates

2. That the South Korean government release the union detainees and immediately discontinues issuing arrest warrants against unionists.

3. That the South Korean government respect fundamental trade union rights including the right to strike.

4. That the South Korean government fully implement the recommendations of the ILO Committee on Freedom of Association(CFA) starting with "adoption of a general practice of investigation without detention of workers and bringing section 314 of the Penal Code (obstruction of business) in line with freedom of association principles".

5. That the South Korean government guarantee freedom of assembly and people's right to dissent

 

WHAT YOU CAN DO

1. We are calling for sending protest letters to the President Lee Myung-bak at the Blue House, +82-2-770-1690 or 4735(Fax) or e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Copies should be sent to the Police Commissioner of Korean National Police Agency, Mr. Eo Cheong-soo by This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

Please be sure to send a copy to KCTU by +82-2-2635-1134(fax) or e-mail at This e-mail address is being protected from spambots. You need JavaScript enabled to view it

2. We are also calling for organizing every possible form of protest in solidarity with the KCTU and candle light movements in your local areas such as protesting or having a press conference in front of the Korean embassy or consulate office. If so, please be sure to send information and photos to KCTU, This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

LIST OF NAMES WITH ARREST WARRANTS AND DETAINEE 

 

1. KCTU and its affileates leaders with arrest warrants

 

Mr. Lee Suk-haeng, President, KCTU

Mr. Lee Yong-shik, General Secretary, KCTU

Mr. Jung Gab-deuk, President, KMWU

Mr. Nam Taek-gyu, First Vice-president, KMWU

Mr. Yoon Hae-mo, President, Hyundai Motor Branch

Mr. Kim Tae-gon, First Vice-president, Hyundai Motor Branch

Mr. Kim Jong-il, Vice-president, Hyundai Motor Branch

Mr. Jung Chang-bong, Vice-president, Hyundai Motor Branch

Mr. Joo In-koo, Vice-president, Hyundai Motor Branch

Mr. Jo Chang-min, Secretary,Hyundai Motor Branch

 

2. Detainee from KCTU related to July 2nd general strike

 

Ms. Jin Yeong-ok, First Vice-president, KCTU

 

3. Social and People's movements Activists with Arrest Warrants related to candlelight demonstration

 

Bak Won-suk, Joint Director of the Field Office of the Coalition

Han Yong-jin, Joint Director of the Field Office of the Coalition

Kim Dong-kyu, Director of the Organizational Team

Kim Kwang-il, Director of the March Team, All Together Steer Committee member

Baek Eun-jong, Vice-Representative, Anti-Lee Myung-bak Internet Caf?r>
Baek Seong-gyun, Representative, MichinCow.net

Kwon Hae-jin, Director of Education Movement Headquarters of the Young Korean Academy

 

4. Detainees from Social and People's movements related to candlelight demonstration

 

Ahn Jin-geol, Director of Organizational Team

Yoon Hui-suk, Volunteer Staff

Hwang Sun-won, Volunteer Staff

 

For further information, we are attaching appeal letter from Korean People's Coalition for Renegotiation of April 18 Protocol on US beef importation which are composed of more than 300 people's and social movement groups including KCTU, and press release from Amnesty International. 

For further information please contact:
Lee Changgeun
International Executive Director
Korean Confederation of Trade Unions
Tel.: +82-2-2670-9234 Fax: +82-2-2635-1134
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it Web-site : http://kctu.org
2nd Fl. Daeyoung Bld., 139 Youngdeungpo-2-ga, Youngdeungpo-ku, Seoul 150-032 Korea