On 24 October, one of EI’s affiliates, the Korean Teachers and Education Workers Union (KTU), was officially deprived of legal status by the Park Geun-hye administration. KTU had been given a one-month ultimatum to revise the provision in its by-laws allowing union membership to dismissed and retired teachers. In a nationwide poll, about 60,000 Korean teachers and education workers asked the union to resist and keep its by-laws as they were.
KTU’s constitution allows dismissed workers to remain members of the union. Around 22 members of the KTU were dismissed during the previous administration for activities that included expressing their opinion on the government's education policy or for donations to progressive political parties. Nine of these workers, whose dismissals are also questionable under international law, are still considered members of the KTU by virtue of its by-laws.
ILO against exclusion of retired and dismissed workers
Allowing retired and dismissed workers as union members and leaders is internationally accepted and the ILO Committee on Freedom of Association has repeatedly criticised such exclusion. In its March 2012 report, the ILO Committee "urged the (Korean) Government to repeal the provisions prohibiting dismissed and unemployed workers from keeping their union membership and making non-union members ineligible to stand for trade union office … Noting with regret that the Government has not repealed these provisions, the Committee once again urges the Government to do so".
Three years ago, the National Human Rights Commission of Korea (NHRCK) had also recommended that the Ministry of Employment and Labour correct Article 2(4)(d) of theTrade Union and Labour Relation Adjustment Act (TULRAA)because the relevant provisions could be misinterpreted around the exclusion of union membership for dismissed workers. The NHRCK indicated that its recommendation was based on the conventions on social rights of the United Nations and ILO.
In 1996, the Republic of Korea joined the OECD, pledging that it would guarantee the freedom of association and union activities for teachers and government employees. The legalisation of the KTU in 1999 was in line with this international commitment requested by the OECD.
In January 2013, the Ministry of Education, Science and Technology (MEST) had already threatened to cancel KTU’s registration with immediate effect if it did not amend its constitution.
Death of Korean democracy
The current deregistration or decertification of the KTU represents a significant regression. “We regard this as the death of Korean democracy and education,” said Kim Jeonghun, President of the KTU.
The KTU condemned the government’s decision to deprive it of its legal status and filed an injunction with a Seoul district court to appeal the decision and have it nullified. The union also said that it will continue to fight against the government to regain its legal status. “We will continue our efforts to improve the country’s education system regardless of whether we are a legitimate or outsider union,” said Kim Jeonghun.
International solidarity
Following the news of the government’s ultimatum, EI launched an online joint campaign with the International Trade Union Confederation and Public Services International on LabourStart in support of the KTU and its members. More than 8,800 messages have been sent to the Korean President, Park Geun-hye. More than 20 EI members have also addressed official protest letters to the head of the government.
This huge solidarity from the international trade union community was gratefully received by the KTU and its members. “I really want to express my sincere gratitude to you, my brothers and sisters. Thank you so much for your solidarity and support!” said Kim Jeonghun.