[Nodongil's World Affairs] Yellow Envelope Act, Time for Compromise Needed

The right to organize, the right to collective bargaining, and the right to collective action. These are the three labor rights stipulated in the Constitution. The Constitutional Court explains that the purpose of the three labor rights is to "prevent the parties in labor relations from advancing into a class-based antagonistic relationship due to conflicting interests, and to develop into an equal bargaining relationship, allowing them to sometimes confront and sometimes negotiate and compromise to peacefully resolve disputes." The emphasis is on 'equal bargaining relationship.' The reason for protecting the formation and activities of labor unions, including (legal) strikes, is to balance with the management. The purpose of the Constitution in guaranteeing the three labor rights is to regulate the tyranny of both employers and employees and to establish fair and reasonable labor-management relations. This is a perspective that needs particular attention in the controversy over the Yellow Envelope Act (Amendment to Articles 2 and 3 of the Labor Union Act).

The issues with the Yellow Envelope Act are not just one or two. It includes the expansion of the concepts of employee and employer, the extension of the scope of industrial action, the limitation of the employer's right to claim damages, and the exclusion of joint liability for employees' joint illegal acts. It is an attempt to change the constitutional design of 'labor-management equality' into a relationship favoring employees. On the 29th, the Democratic Party of Korea unilaterally passed the Yellow Envelope Act at the National Assembly's Environment and Labor Committee, declaring "processing within the July extraordinary session." It is unlikely that a law enforced ignoring the opposition of companies, the parties to labor relations, will be smoothly implemented. Therefore, looking back at the origin of the Yellow Envelope Act for the final compromise is meaningful.

The Yellow Envelope Act started in 2014 when a citizen delivered a donation of 47,000 won in a yellow envelope to Ssangyong Motor strikers who were sued for 4.7 billion won in damages, suggesting that if 100,000 people participated, they could solve the 4.7 billion won issue. It became a social issue as related parties subjected to provisional seizure for damages committed suicide. In 2022, when Daewoo Shipbuilding filed a 47 billion won damages lawsuit against a subcontractor union that went on strike, there were also issues raised about the damages lawsuit and provisional seizure system. Therefore, the behavior of companies filing large-scale damages lawsuits against unions unconditionally is undesirable. It is true that there was an intention to suppress union activities rather than a genuine purpose of compensation. It can be seen that limiting the amount of damages is a part where the employer can make concessions to some extent.

The provision that limits the employer's right to claim damages and nullifies the legal principles of joint illegal acts under civil law needs to be restructured based on union concessions. Legal strikes are naturally protected. The clause limiting claims for damages even for illegal acts such as violence deviates from the essence of the three labor rights and is an unconstitutional provision. The clause that makes individuals responsible instead of joint liability for joint illegal acts essentially makes it difficult to hold anyone accountable. Excluding joint liability should be limited to when the scope of individual employee responsibility can be determined. It should be clear that it cannot be recognized when acts of violence are committed while wearing masks or otherwise making individual identification impossible. The expansion of the employer's scope, such as subcontractor employees exercising bargaining rights against the primary contractor, is also a provision that nullifies contractual relationships under civil law. The compromise point should be found in the primary contractor not exercising substantial control over the subcontractor as if directly employing them. If labor and management make small concessions on other issues such as expanding the reasons for strikes, it can be seen that the yellow envelope can be changed to another color. Stubbornly insisting on enforcement and opposition is not a solution.

"There is sufficient time for gathering opinions even after passing the plenary session," the President's Office's statement is too complacent. It can be read as thinking that showing sincerity to the union, an ally of the administration, is important even if the economy is ruined. The warnings from the European Chamber of Commerce in Korea and the American Chamber of Commerce in Korea (AMCHAM) that "expressing deep concern about the Yellow Envelope Act and its impact on investment in Korea" should not be ignored. It is not about favoring companies. It is important to remember that making labor and management 'equal bargaining subjects' is the spirit of the Constitution and labor law. It is not only foreign companies that want to escape. Our companies are also accelerating local production in the U.S. and other places. What is the point of having a strong union if the company leaves?


dinoh7869@fnnews.com