Will It End in a Strike? With Post-Dispute Mediation Collapsing, All Eyes Turn to the Court

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[Financial News] After post-dispute mediation between Samsung Electronics and its labor union collapsed, attention is focused on the outcome of the company’s request to the court for an injunction to prohibit unlawful industrial action, which it filed to stop the union’s planned general strike. The union said it is not considering any further talks with management until the strike ends and is determined to go ahead with the walkout.
According to legal sources on the 13th, Samsung Electronics’ union has a general strike scheduled for the 20th. A court injunction or the government’s emergency arbitration powers are being mentioned as possible ways to stop the strike, but neither appears likely.
Choi Seung-ho, chairman of the Samsung Electronics branch of the supra-company union, reaffirmed his determination to press ahead with the strike after the second hearing on the injunction case was held at Suwon District Court that day.
Choi told reporters, "We are not considering any additional talks with the company until the strike ends." He added, "Our demands have not changed, and we have even lowered them to make an agreement possible, so we cannot accept the claim that institutionalizing them is difficult."
Asked about the possibility of the government invoking emergency arbitration powers, he said, "We are not thinking about that for now." He added, "I understand the government’s position is that we should fight to win, and we are also fighting lawfully."
Emergency arbitration is an exceptional mediation procedure that the Minister of Employment and Labor can invoke when industrial action is likely to seriously harm the national economy. If it is invoked, industrial action is banned for 30 days, and mediation and arbitration procedures are carried out by the Central Labor Commission. However, authorities are also reportedly not considering emergency arbitration at this stage.
The union reportedly told the Suwon District Court that it would not engage in unlawful industrial action and explained matters including the normal operation of safety protection facilities and the scale of essential personnel required for work. The court plans to issue a ruling in the case by the 20th, one day before the union’s announced strike date.
If the court grants Samsung Electronics’ request for an injunction, the strike could be blocked, but legal experts say that is highly unlikely. Still, given the nature of the semiconductor industry, a shutdown of equipment could cause massive damage. As a result, one possible outcome being discussed is a partial approval that would keep essential workers needed for safety protection facilities out of the strike.
hwlee@fnnews.com Lee Hwan-ju Reporter