Republic of Korea - Country baselines under the ILO Declaration Annual Review (2000-2008): Freedom of association and the effective recognition of the right to collective bargaining (FACB)

Involvement of Employers’ and Workers’ organizations in the reporting process

YES, according to the Government: Involvement of the Korea Employers’ Federation (KEF); the Federation of Korean Trade Union (FKTU); and the Korean Confederation of Trade Union (KCTU) through communication of Government’s report.

OBSERVATIONS BY THE SOCIAL PARTNERS

Employers’ organizations

2002 AR: Observations by the KEF.

2001 AR: Observations by the KEF.

2000 AR: Observations by the KEF.

Workers’ organizations

2008 AR: Observations by the International Trade Union Confederation (ITUC).

2007 AR: Observations by the International Confederation of Free Trade Unions (ICFTU).

2006 AR: Observations by the ICFTU.

2005 AR: Observations by the ICFTU.

2004 AR: Observations by the KCTU.

Observations by the KFTU.

2002 AR: Observations by the ICFTU.

Observations by the KCTU.

2001 AR: Observations by the ICFTU.

2001 AR: Observations by the KFTU.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Ratification

Ratification status

Korea has ratified neither the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No.87) (C.87) nor the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) (C.98).

Ratification intention

Under consideration since 2006for both C.87 and C.98.

2008 AR: The Government indicated that ratification of C.87 and C.98 is still under study.

2007 AR: The Government indicated that it would continue to review the possibility to ratify C.87 and C.98 in considering the existing national laws and institutions as well as any other developments in the future. It has made continuous efforts towards ratification. For instance, it has conducted in 2003 A Study of Policy Tasks to Ratify ILO Conventions on Freedom of Association.

Recognition of the principle and right (prospect(s), means of action, basic legal provisions)

Constitution

YES

The 1948 Constitution (article 33, paragraph 1) provides that workers shall have the right to independent associations, collective bargaining and collective action.

Policy/legislation and/or regulations

Legislation:

The Trade Union and Labour Relations Adjustment Act (TURLAA), 1997, the Bill on the Establishment, Operation, etc. of Public Officials’ Union, 2004 to come into force in January 2006, the State Public Official Act and the Local Public Official Act relate to the principle and right (PR).

2008 AR: According to the Government: Based on the tripartite agreement of September 2006 regarding numerous legal and institutional reform measures including the compulsory arbitration system, the reform measures were made into law with the adoption of the revised TURLAA by the National Assembly on 22^nd December 2006. The main features of the revision bills are as follows: (i) the notification requirement for third-party assistance was repealed as of 1^st July 2007; (ii) compulsory arbitration for essential public services is to be abolished as of 1^st January 2008. Instead, a minimum service system will be introduced and the use of a replacement workforce during strikes will be allowed. With regards to the implementation of enterprise-level union pluralism and ban on wage payment to full-time union officials, it is postponed until 2009 through agreement between labour and management.

2004-2006 ARs: According to the Government: A new Bill was adopted in 2003 in order to better guarantee public officials’ right to organise.

-The 2004 Bill on the Establishment and Operation, etc, of Public Officials’ Trade Unions will enter into force in January 2006.

2000-2002 ARs: The Trade Union and Labour Relations Adjustment Act (TULRAA) of 1997, adopted the principle of multiple unionism with a reservation that the union pluralism at the enterprise level would be effective from 2002 (section 5, paragraphs 1 and 3, of the TULRAA).

The Ministry of Labour is working on improvements to the legal system, in order to secure freedom of association and the effective recognition of the right to collective bargaining.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Recognition of the principle and right (prospect(s), means of action, main legal provisions)

Basic legal provisions

(i) The 1948 Constitution (article 33, paragraph 1); (ii) the TURLAA, 1997; (iii) the Bill on the Establishment, Operation, etc. of Public Officials’ Union, 2004 to enter in force in January 2006; (iv) the State Public Officials Act; and (v) the Local Public Officials (section 58).

Judicial decisions

NIL

Exercise of the principle and right

At national level (enterprise, sector/industry, national)

For Employers

2004 AR: Government authorization or approval is not required to establish employers' organizations, or to conclude collective agreements. Freedom of association and the right to collective bargaining can be exercised at enterprise, sector/industry and national levels by all categories of employers.

For Workers

2007 AR: According to the Government: The Act on the Establishment and Operation, etc. of Public Officials’ Trade Unions (2004) which allows public officials to establish trade unions and exercise the right to collective bargaining, took effect on 28 January 2006 and since then the protection of basic labor rights of public officials has been significantly enhanced.

2004 AR: Government authorization or approval is not required to establish workers' organizations, or to conclude collective agreements. Freedom of association and the right to collective bargaining can be exercised at enterprise, sector/industry and national levels by the following categories of persons: medical professionals; teachers; agricultural workers; workers engaged in domestic work; workers in export processing zones (EPZs) or enterprises/industries with EPZ status; migrant workers; workers of all ages; and workers in informal economy. However, freedom of association and the right to collective bargaining cannot be exercised by workers in the public service, except those engaged in manual labour in postal services, railways business, etc. In addition, only freedom of association can be exercised at international level.

Special attention to particular situations

2004 AR: According to the Government: The new Law on the Establishment and Operation, etc, of Public Officials Trade Unions, 2004 guarantees public services trade unions’ right to strike and at the same time protects public interests.

Information/Data collection and dissemination

2000-2005 ARs: According to the Government: Data on trade unions’ density.

At international level

The Republic of Korea recognizes the exercise of the PR at international level, only with regard to freedom of association.

Monitoring, enforcement and sanctions mechanisms

2007 AR: According to the Government: The TURLAA considers as an unfair labour practice any impediments on trade unions’ establishment or operation by employers. In this respect 195 indictments for unfair labour practices were recorded as of August 2006.

2005 AR: According to the Government: Compulsory arbitration for essential public services has been introduced to ensure harmony between public interests and the workers’ right to act collectively and a minimum level of service during negotiations.

In addition, the labour rights of workers in the public sector have been gradually expanded, following an agreement at the Tripartite Commission.

2004 AR: According to the Government: The following measures have been implemented to realize the PR: (i) inspection/monitoring mechanisms; (ii) penal sanctions; (iii) civil or administrative sanctions; (iv) capacity building of responsible government officials; (v) training of other government officials.

2000-2005 ARs: According to the Government: In instances where the PR has not been respected, employers who infringe the rights of trade unions to organize or bargain collectively will be subject to legal sanctions under charges of unfair practices, in accordance with sections 81 and 90 of the TURLAA, 1997.

EFFORTS AND PROGRESS MADE IN REALIZING THE PRINCIPLE AND RIGHT

Involvement of the social partners

2004 AR: According to the Government: Tripartite consultations have been implemented in relation to this PR.

2000–2001 ARs: The Government stated that it had devoted efforts to stimulating dialogue on the promotion of the PR within the Tripartite Commission.

Promotional activities

2004 and 2007 ARs: According to the Government: The following measures have been implemented to realize the PR: (i) training of other government officials; (ii) capacity building for employers' and workers’ organizations; (iii) awareness-raising/advocacy.

Special initiatives/Progress

2007 AR: According to the Government: Several special initiatives were taken following the recommendations of international organizations: A «Committee for the Advancement of Industrial Relations Laws and Systems» was established in March 2006. It has made suggestions on how to: (i) establish multiple unions at enterprise level; (ii) repeal the third-party support notification requirement; (iii) abolish the compulsory arbitration system; etc. Moreover, a «Tripartite Representatives Committee» was set up in March 2006 to pursue social dialogue aiming to improve labour-related legislation. This Committee has also held negotiations more than 40 times during the last six months, and finally reached a tripartite agreement to abolish the compulsory arbitration system for essential public services and the third-party support notification requirement. On the other hand, through the Government’s efforts, the compulsory arbitration system and the third-party support notification system will be repealed. In addition, public officials’ rights to organize and to bargain collectively will be protected. It is considered that these reforms should pave the way for Korea to have laws and systems better in line with international labour standards.

2004-2005 ARs: According to the Government: A special initiative was taken following an agreement at the Tripartite Commission of the Bill of 23 June 2003 guaranteeing the labour rights of public officials, now under legislative process.

CHALLENGES IN REALIZING THE PRINCIPLE AND RIGHT

According to the social partners

Employers’ organizations

2001 AR: According to the KEF: There are restrictions on collective action in essential services.

2000 AR: According to the KEF: The TULRAA provisions banning the payment to full-time union officials should be maintained to secure independence of trade unions.

Workers’ organizations

2008 AR: The ITUC expressed the following challenges: (i) under the Law on Assembly and Demonstration, any gathering is banned within a hundred metres of foreign diplomatic missions. As a result many large companies, such as Samsung, have invited embassies to rent offices in their buildings. This tactic effectively prevents workers from demonstrating in front of the company’s headquarters; (ii) third party intervention in collective bargaining and industrial disputes is still hindered; (iii) the law on Special Economic Zones (SEZs) contains preferential provisions in relation to foreign companies investing in the SEZs, which exempts them from many national regulations on the protection of the environment and labour standards. It is feared that this will result in further violations of workers’ rights, since this law also makes it easier to hire «irregular» workers, who will have little or no protection; (iv) the Act on Employment of Foreign Workers and the Employment Permit System (EPS) allow employers to violate migrant workers’ trade union rights with impunity. They are permitted only three years contracts and are strictly forbidden from changing employers during their stay in the country; (v) on May 2006, a riot police invaded a lawful demonstration in front of the Rural Development Administration. As a result, several trade unionists were severely beaten and arbitrarily arrested; (vi) a campaign of intimidation was launched by Woojin Industry, a subcontract firm created and controlled by LaFarge Halla Cement after finding out that two-third of the workers had joined the Korean Chemical and Textile Workers Federation (KCTF); (vii) intimidation and violence was carried out by the Sejong Hospital towards the Korean Health and Medical Workers Union (KHMWU) that exerciced its right to strike in January 2006; and (viii) systematic anti-union campaign was engaged towards workers belonging to the Kiryung Electronics Workers’ Union Local, such as termination of contracts, mass dismissals without reinstatement, or imprisonment of the union’s president.

2007 AR: According to the ICFTU: (i) Persecution by the Government of the public servants’ unions; (ii) the Law on the Establishment and Operation of Public Officials’ Trade Unions of 31 December 2004 excludes many categories of workers (such as managers, human resources personnel, personnel dealing with trade unions or industrial relations) in the private sector, and special public servants such as military, police, fire-fighters, politically-appointed officials, and high level public officials from the right to organize; (iii) the right to collective bargaining is recognized but limited to some subjects of negotiation; (iv) no sanctions against unfair labour practices; (v) strong restrictions concerning the right to strike in the public sector; (vi) ineterference of the Government in the trade unions’ affairs; (vii) foreign companies are exempted by the Law on Special Economic Zones (SEZs) of July 2003 from the obligation to respect the labour legislation; (viii) severe limitations on the right to strike and to create unions in the private sector since where an employer creates a union, it is legally forbidden to organise alternative unions.

2004 AR: The KFTU expressed the wish to be able to negotiate at the industrial level, and observed that the PR is not recognized in the country, contrary to the Government’s statement.

2006 AR: The ICFTU observed the following: (i) civil servants will be allowed to organize within administrative predefined units by the Bill on the Etsablishment and Operation, etc of Public Officals Trade Unions, 2004, with the exception of managers, human resources personnel dealing with trade unions or industrial relations, and specific public servants such as military, police, firefighters, politically appointed officials, and high level public officials. In addition, a union member can work full-time for the union, but only with the authority of the employer; (ii) civil servants will have the right to collective bargaining, but the subjects of negotiations are limited to matters concerning trade unions members’ pay and welfare and other working conditions, and laws and budgets prevail over collective bargaining agreements; (iii) the Bill, however, maintains the strike ban; as does the TULRAA for central government and local government workers and the 1999 Law on the Establishment andOperation, etc. of Trade Unions for Teachers- striking workers and union leaders can be prosecuted and sentenced under Article 314 of the Penal Code, which prohibits «obstruction to business»; (iv) the TULRAA provides for compulsory arbitration for disputes in «essential public services» if the parties cannot come to an agreement on their own; (v) The right to demonstrate is limited, as under the Law on Assembly and demonstration, any gathering is banned within a hundred meters of foreign diplomatic missions (as a result large companies have invited embassies to rent offices in their building); (vi) under the TULRAA, 1997, employers are banned from remunerating trade union leaders until 2006; and union pluralism at company level is banned until December 2006; (vii) as a result, many employers have resorted to creating management-controlled unions, known as «paper unions»; (viii) There is a ban for dismissed workers to remain members of a union, and non union members are not eligible for trade union office; (ix) the Third party intervention in collective agreements or industrial disputes is hindered by the compulsory arbitration.

Workers’ organizations

2005 AR: According to the ICFTU: The trade unions observed that the new law makes it easy to hire «irregular» workers, who will have little or no protection.

2004 AR: The Federation of Korean Trade Unions (FKTU) made the following observations: (i) the TULRAA provides for the right to organize and collective bargaining; (ii) government authorization or approval is required for workers in public services as regard collective agreements; (iii) the right to organize and bargain collectively is recognized by the Constitution (article 33); (iv) employer's organizations should not be exempted from the responsibility of realizing the principle and right.

The KCTU made the following observations: (i) it does not agree with the definition of «the effective recognition of the right to collective bargaining» provided by the Government; (ii) there is no effective sanction mechanisms in case of violation of collective agreement by employers; (iii) there is no governmental internal mechanism for the implementation of collective agreement; (iv) freedom of association is provided for teachers under the «Act on the Establishment and Collective Bargaining of Teachers Organizations», not under the «Trade Union and Labour Relations Adjustment Act», which led to various restrictions on collective bargaining; (v) migrant workers do not have the right to exercise freedom of association; most workers in the informal economy are denied the right to organize or join a union; (vi) workers in «essential services» are governed by a «compulsory arbitration» mechanism, which restricts the right to collective bargaining; (vii) there are restrictions on freedom of association at enterprise level as multiple unions are prohibited under the Trade Union and Labour Relations Adjustment Act (Addenda, article 5, paragraph 1); (viii) there is neither effective recognition of the right to collective bargaining at the supra-enterprise levels and nor collective bargaining mechanisms at the supra-enterprise level; (ix) the current system of «giving notice» on the formation of a union under the provision of the Trade Union and Labour Relations Adjustment Act works as an authoritative measure.

2002 AR: According to the KFTU: The Tripartite Commission in Korea is a presidential advisory body only, but not a social dialogue mechanism like in other countries.

The ICFTU raised the following challenges: (i) there are obstacles to the right to strike (complaint cases); (iii) broad categories of civil servants remain deprived of the right to belong to professional associations.

2000 AR: According to the KFTU: (i) the provisions of the TULRAA banning payment to full-time union officials should be repealed; (ii) the TULRAA should be revised in order to allow the unemployed to join the trade unions; (iii) the system of compulsory arbitration should not be imposed in case of labour disputes in the essential public services when there is no possibility of mediation.

The ICFTU observed the following: (i) the authorities had refused to register the Korea Confederation of Trade Unions (KCTU) for four years; (ii) dismissed workers cannot be members of trade unions, and union officials have to be elected amongst union members; (iii) public service workers cannot bargain collectively or strike; (iv) teachers cannot go on strike.

According to the Government

2008 AR: In response to the ITUC’s observations, the Government made the following comments: according to decision of October 2003 of the Constitutional Court, the law prohibiting the holding of a rally less than 100 meters away from any foreign diplomatic mission is not an extreme regulation. Furthermore, the provision of third party intervention was abolished in December 2006, as well as related penal provisions, in order to strengthen labour-management autonomy. With regards to the Act on SEZs, it stipulates only two exceptions applicable to free economic zones. One is the partial exemption from holiday rules prescribed by the Labour Standard Act, and the other is the expansion of the scope of jobs permitted for temporary agency workers and the extension of the scope of their employment period, though this is limited to professional jobs determined after deliberation and resolution at the Deliberation Committee for Free Economic Zones. In addition, foreign workers can enjoy all the existing labour rights, including freedom of association. Regarding the change of workplace under the Employment Permit System (EPS), a change of workplace is allowed up to four times when continuance of normal employment is difficult due to suspension or closing of business or causes attributable to the employer. In practice, 27,353 persons (24%) of EPS workers applied to change their work places and almost all cases were accepted by the job centres from August 2004 to March 2007. With respect to several events, the Government made the following observations: (i) over 200 KGEU members forcefully occupied the corridor in front of the Rural Development Administration’s office and tried to forcefully enter a nearby police station and clashed with the police. As a result, four of them were arrested and indicted. Their trial is currently pending; (ii) in first instance, the Regional Labour Relations Commission judged that Lafarge Halla Cement should reinstate Woojin Industry’s workers, and rejected the union’s claim regarding unfair labour practice. However, the National Labour Relations Commission judged that the case constituted neither unfair dismissal nor unfair labour practices because firstly, the two companies were in contract relations with each other and Lafarge could not therefore be seen as the employer of the dismissed workers and secondly, the business closure was not considered to have been prompted by union activities. The workers filed no appeal so the judgement was confirmed; (iii) the parties concerned in the Sejong Hospital incident resumed their talks in March 2007 and reached an agreement in July; and (iv) in August 2005, the strike at Kiryung Electronics caused some damages, and the company brought a civil suit against the Union President. The company experienced another dispute as the union launched a strike in October 2005 and failed to reach an agreement. With regard to the dismissal of the union president, the National Labour Relations Commission concluded that the dismissal was legitimate.

2007 AR: According to the Government: Neither employers nor workers are prepared to enforce the legal provisions on multiple unions at enterprise level and the ban on wage payment to full-time union officials, because of a sharp conflict of opinions among them. Therefore, based on the agreement among tripartite parties, the enforcement of these provisions will be postponed for three years in the spirit of stabilizing the industrial relations. During this grace period, the tripartite committee will intensively discuss detailed standards and methods of enforcement.

In response to the ICFTU’s observations, the Government made the following comments: (i) following the Act on the Establishment and Operation of Public Officials’ Trade Unions enacted on January 2006, public officials are guaranteed the right to organize, including the right to establish a trade union and engage in union activities, and the right to conclude collective agreements through negotiation; (ii) as for the right to collective bargaining, only matters concerning policy decisions and appointment that are not directly related to working conditions are excluded from the subjects of negotiation; (iii) there is a system under which in the event of unfair labour practices by employers, public officials and their trade unions can seek remedy by filing their case with a labor relations commission, a neutral organization; (iii) the right to strike for public officials is restricted to maintain minimum service; (iv) it is stipulated in the Constitution that public officials are servants to the nation as a whole, so their status and political neutrality must be guaranteed by laws which is why public officials are not entitled to conduct political activities when they are engaged in union activities; (v) according to the Grand Tripartite Agreement, the recognition of multiple unions at the enterprise level and the ban on wage payment to full-time union officers will be put off for another three years; (vi) a tripartite commission agreed to remove the provisions related to the third-party notification requirement and has already submitted a related revision bill to the National Assembly; (vii) the purpose of the Act on the Designation and Operation of Free Economic Zones is to promote foreign investment, and pursue stronger national competitiveness and balanced development between different regions by improving business environments for foreign companies investing in free economic zones and living conditions for foreigners. The Act has two provisions on exemption from labour standards. The first provision is about granting unpaid holidays instead of paid ones under the Labour Standards Act, granting unpaid instead of paid menstruation leave, and excluding workers in free economic zones from monthly paid leave, etc. However, with the introduction of the 40-hour working week, for all workplaces with five workers or more as well as those in free economic zones, paid menstruation leave was replaced with unpaid and monthly paid leave was abolished. Therefore, the only area where free economic zones are excluded from the application of the Labor Standards Act pursuant to the Act is holidays. One unpaid holiday is granted per week instead of paid a one in free economic zones. The second provision is about excluding workplaces in free economic zones from the provisions restricting occupations for which temporary agency workers can be employed and dispatch periods in the Act on the Protection, etc. of Dispatched Workers. Before applying this provision, those workplaces must undergo deliberation and decision by a separate committee. In spite of the provision, there is no company excluded from the restriction as of November 2006.

According to the Government

2004-2005 ARs: According to the Government: The main difficulties encountered in realizing the PR in Republic of Korea are the following: (i) lack of public awareness and/or support; (ii) social values, cultural traditions; and (iii) social and economic circumstances.

2005 AR: In response to the ICFTU’s observations, the Government made the following comments: (i) Compulsory arbitration is a system introduced to ensure harmony between public interests and the rights of workers to organise and bargain collectively; (ii) there are autonomous dispute settlement between employers and workers when a public interest is not threatened; (iii) the Research Committee for Industrial Relations System Advancement, which has been established by the Government suggested that compulsory arbitration be abolished and minimum level of service during strike be made mandatory in public services in general; (iv) the Government will implement some legislative measures to ensure more rights to trade unions in dispute settlement and to protect public interests.

2004 AR: In response to the KCTU, the Government made the following comments: (i) The current TULRAA does not imply any restriction on the right to collective bargaining for trade unions and federation of trade unions at industrial level; (ii) sanctions are provided to employers who violate the right to collective bargaining under the TULRAA; (iii) the «Public Sector Special Committee» has been established through the Tripartite Commission for in order to implementation collective agreements; (iv) there is restriction on the right to collective bargaining for teachers; (v) migrant workers have the right to join trade unions under certain conditions; (vi) multiple unions at the enterprise level are banned until the end of 2006; (vii) the notification for establishing union should not be considered as an authoritative measure; (viii) a Bill has been prepared by the Government and was submitted to the National Assembly in order to promote the rights of workers in public service, including the freedom of association and the right to organize; (ix) sanctions are provided in case of unfair labour practices such as violation of the right to organize and collective bargaining; (x) the Tripartite Commission should not be considered as a governmental organization simply because some specific workers’ organizations are not part of it; (xi) The 1999 Act on Trade Unions for Teachers specifies the right to organize and collective bargaining for teachers; (xii) the KCTU has not sent its comments of the annual report.

In response to the FKTU, the Government observed the following: (i) Trade unions cannot bargain collectively due to the fact there are no employers’ organizations at higher levels; (ii) Workers in essential services are not allowed the right to collective bargaining; (iii) The TULRAA provides minimum requirements (non-participation of an employer or ban on financial assistance from an employer for the establishment of a trade union) for the establishment of trade unions; (iv) the right to organize is authorized for manual workers and for certain categories of workers of public service under the TULRAA (article 66.1 of the Public Servants' Act and article 5) and; for teachers under The 1998 Act on the establishment and operation, etc. of trade unions for teachers (article 7.1); (v) the right to bargain collectively is not guaranteed to trade unions and the federations of trade unions as industrial level because some of them are at odds with eight employers on bargaining methods and levels; (vi) migrant workers employed in domestic service have the right to join a trade union of his/her choice, except foreign industrial trainers registered under the Immigration Control Act; (vii) the right to organize for workers in the informal economy is authorized in consideration of the dual nature of their labour characterized by subordination and independence; (ix) multiple unions at enterprise level have been delayed until the end of 2006, following a Tripartite Agreement on 9 February 2001; (x) reported cases related to unfair labour practices have been successfully investigated by the Government and appropriate measures have been taken correspondingly.

In response to the ICFTU’s comments, the Government observed the following: (i) there are restrictions on the right to strike for workers in essential services including hospitals, water service and services of public interest.

2002 AR: In response to the ICFTU, the Government observed the following: (i) the ILO Declaration on Fundamental Principles and Rights at Work should be used only as a promotional framework, not as a double supervisory mechanism; (ii) efforts have been made in order to meet internationally accepted standards and to enhance cooperation with international organizations such as the ILO and the OECD; (iii) the labour laws have been revised in March 1997 in order to recognize the political activities of trade unions and multiple umbrella unions; and to repeal the provision banning third party intervention; (iv) trade unions have been established following the launch of the Tripartite Commission in1998; (v) workers in the public service, workers in the private sector and workers in State enterprise have the right to collective bargaining and the right to strike; (vi) there are restrictions on the right to strike only for workers in certain essential services (military industry, electricity, water supply); (vii) workers in the EPZs enjoy the same rights as workers in other areas.

In response to the KCTU, the Government observed the following: (i) the principle and right is recognized in Korea; (ii) the KCTU's observations are not compatible with the basic principle of the Declaration on Fundamental Principles and Rights at Work and its Follow-up, which should

2000 AR: In response to the ICFTU, the Government made the following observations: (i) ILO should reconsider its intention to reflect the ICFTU's comments in the compilation of the annual report; (ii) the Korean Confederation of Trade Unions (KCTU) is legally recognized by the Government.; (ii) the KCTU's observations are not compatible with the basic principle of the Declaration on Fundamental Principles and Rights at Work and its Follow-up, which should be strictly of promotional nature.

TECHNICAL COOPERATION

Request

2008 AR: According to the Government: In the process of considering the ratification of the conventions, the Republic of Korea needs advice/consultation from the ILO. When required, Korea plans to ask for advisory assistance from ILO.

Offer

ILO; Organisation for Economic Co-operation and Development (OECD)

EXPERT-ADVISERS’

OBSERVATIONS/

RECOMMENDATIONS

2008 AR: The ILO Declaration Expert-Advisers (IDEAs) listed the Republic of Korea among the countries that has expressed for the past few years its intention to ratify Conventions Nos. 87 and/or 98 without materializing it. It therefore encouraged it to take the appropriate steps to do so. The IDEAs also noted that restrictions on the right to organise of certain categories of workers in the Republic of Korea (and some other countries), such as workers in the public service, were not compatible with the realization of this principle and right (Cf. Paragraphs 32 and 38 of the 2008 AR Introduction – ILO: GB.301/3).

2007 AR: The DEAs listed the Republic of Korea among the countries that have been indicating their intention to ratify C.87 and C.98 for several years, with no indication that progress has been made. Furthermore, the IDEAs observed that with a view to giving full effect to this principle and right, the Government should be able to offer to all workers the opportunity to exercise their rights, and not have restrictions on the right to organize for workers in the public service (Cf. Paragraphs 33 and 37 of the 2007 AR Introduction – ILO: GB.298/3).

2006 AR: The IDEAs observed the following: «A number of countries have provided information on new legislation, and we welcome among them the fact that the Republic of Korea has adopted special laws to allow public service trade unions to exercise the right to organize and collective bargaining» (Cf. Paragraph 37 of the 2005 AR Introduction – ILO: GB.295/5).

2005 AR: The IDEAs listed the Republic of Korea among the countries where some efforts were being made in terms of research, advocacy, activities, social dialogue, national policy formulation, labour law reform, preventive, enforcement and sanctions mechanisms and/or ratification. They further indicated that the Office is following up on freedom on association and collective bargaining issues in the Republic of Korea. In this respect, the IDEAs noted with interest the information provided by the Republic of Korea and their countries in the Declaration follow-up (Cf. Paragraph 13 of the 2005 AR Introduction – ILO: GB.292/4).

GOVERNING BODY OBSERVATIONS/ RECOMMENDATIONS

NIL