The 169-seat opposition Democratic Party, in partnership with the Justice Party, is poised to enforce the so-called ‘Yellow Envelope Act’ (the amendment to the Trade Union Act and the Labor Relations Adjustment Act). The Democratic Party selected this bill as one of ’22 people’s livelihood legislative tasks’ along with the half-price transportation cost support act, the delivery unit price linkage system introduction law, and the rice price normalization law.
I would like to ask whether the Yellow Envelope Act is a livelihood measure that needs to be dealt with urgently in a situation where prices and exchange rates are soaring and the battle for technological supremacy between the US and China is sharp. The key to the Yellow Envelope Act is to prevent companies affected by illegal strikes from claiming damages or foreclosures once morest unions or individual union members, unless there is violence or destruction. A similar law was enacted in 1982 in France, which was tolerant of union activity, but was declared unconstitutional and repealed.
◆“Act on the support of the Korean Federation of Trade Unions”
The management circle also pointed out that the Yellow Envelope Act is “in fact, the same as the ‘KCTU Support Act'”. This means that the legislation is for the supporters of the Democrats. This is because most of the lawsuits for damages once morest unions are related to workplaces belonging to the KCTU. The problem is that union activities are more likely to become more radical if there is no risk of being sued for illegal strikes or occupation of workplaces. Companies are concerned that “there is a high probability of giving wings to the union’s lawlessness and swarming laws and habitual strikes in a situation where the management does not have any defense measures once morest strikes, such as allowing alternative work in the event of a strike and prohibiting occupation of all facilities in the workplace.” . The yellow envelope method, which evokes a warm and positive image just by hearing the name, can be a ‘terrible nightmare’ for companies. The Yellow Envelope Act is said to have originated from a union member who was sentenced to compensation during the 2014 Ssangyong Motor strike and received the subsidy contained in the yellow envelope.
Including unconstitutional toxin provisions
Despite strong opposition from the government, ruling party, and business circles that ‘it might encourage an illegal strike’, the Democratic Party is working with the Justice Party and others to push the bill through a fast track. On the 14th, the Democratic Party and Justice Party proposed the Yellow Envelope Act, just one day following Son Kyung-sik, chairman of the Korea Employers’ Federation, Choi Jin-shik, chairman of the Korea Federation of Small and Medium Enterprises, and Kim Ki-moon, chairman of the Korea Federation of Small and Medium Businesses, visited Jeon Jeon-cheol, chairman of the National Assembly’s Environment and Labor Committee, who belonged to the Democratic Party, to withdraw the bill. . 46 Democratic lawmakers participated as co-sponsors for the bill proposed by the Justice Party.
If you look at the six yellow envelope bills pending in the National Assembly, they contain provisions that allow you to get out of a lawsuit for damages even if you commit an act of violence or destruction. A typical example is that if the act of violence or destruction was planned by the union, compensation for damages cannot be claimed once morest union executives, union members, or other workers. It was not allowed to bring lawsuits once morest individual union members. In addition, there is a clause stating that ‘if the existence of a union becomes impossible due to a lawsuit, you cannot file a lawsuit’. Failure to sue for losses caused by illegal strikes will invalidate the protection of property rights as stipulated in the Constitution. It is also stipulated in the Civil Code that victims can claim damages in case of infringement of property rights.
Encouraging illegal strikes
If the Yellow Envelope Act is passed, it is highly likely that the hard-line struggle of the strong unions will become more active. If this happens, not only will our global ranking of labor-management relations be at the bottom of the list as it is now, but the competitiveness of companies will inevitably be weakened. When the risk of labor-management conflict increases, foreign investors have no choice but to turn away.
If the Yellow Envelope Act promotes illegal strikes and causes damage to the national economy and businesses, it should be viewed as an anti-people livelihood bill, not a public welfare bill. No matter how good words such as ‘guarantee of labor rights’ or ‘protection of the labor force’, it does not seem like a livelihood measure that needs to be dealt with urgently. If a company, a valuable asset in the era of economic security, is shaken, it will be difficult for the state as well as labor and management to avoid the path of destruction.
◆Leave the really urgent bill aside…
The Democratic Party is also pushing for the ‘Moon Jae-in regime and the Democratic Party’s bulletproof law’, the Audit Overhaul Act (revision of the Board of Audit and Inspection Act) and the Enforcement Decree Control Act (revision of the National Assembly Act). At the same time, they are putting their hands on the most urgent economic and livelihood laws, such as the Semiconductor Industry Competitiveness Reinforcement Act (K-Chips Act) and measures to rationalize the tax for one household, one house (revision of the Restriction of Special Taxation Act). The K-Chips Act to nurture the semiconductor industry contains urgent issues that affect not only our economy but also our security. The rationalization of the property tax is also an issue directly related to the livelihood of many citizens suffering from the ‘punitive tax’ created by the Moon Jae-in administration.
The United States swiftly passed the Inflation Reduction Act (IRA) to protect its own industries and businesses, despite protests from South Korea and its allies and controversy over violations of the World Trade Organization (WTO) and Korea-US Free Trade Agreements (FTAs). It took less than two weeks for it to be finalized, passing the Senate on August 7th, the House of Representatives on the 12th, and the signing of President Joe Biden on the 16th. That is why the US is envious and Korea is ashamed.
Lee Kun-ho, editor-in-chief
