Korean Government Employees’ Union Sunghee Oh, Director of International Relations

General public perception on public servants ▶ Servants for the people ▶ Public servants are not workers ▶ Faithful servants to the government in special authority relation ▶ A Group has power and privilege ▶ Identify public servants with the government ▶ Closed group ▶ Inflexible group

■ Right to Freedom of Association -Excessive Limit of membership qualification Article 6 (Membership qualification) ①The range of membership qualification is each item as below: 1. 6 th grade or less and equivalent general public officials ② Nevertheless Clause ①, if public officials apply to any of the following officials can’t join a union 1. Public officials who are in sub-managerial or supervisor position can’t join a union ③ Public officials who dismissed or expelled can be considered as union member until the Central Labour Relation Committee’s retrial decision by claiming for aid of unfair labour practice

■ Right to Freedom of Association - Status of full time union officials Article 7 (Status of Full-time union officials) ② Consent received person as full time union officials should get order for leave of absence during their term according to the State Public Officials Act Article 71 and Local Public Officials Act Article 63 (Leave of Absence) ③ State and local government should not pay for full-time union officials during their term ④ State and local government should not discriminate public officials for the reason of full-time union officials in promotion and any others regarding to position

■ Right to Collective bargaining Article 8 (Authority of Negotiation and Conclude) ① Representatives of trade unions and competent government representatives shall have the authority to negotiate and to sign regarding to issues on trade unions or wages, welfare and other working conditions. However, matters, which are decision-making by the authority of state or local government on the ground of law and don’t related directly to working conditions as management and operation including exercising authority of appointment, can’t be subject to negotiation details

■ Right to Collective bargaining Article 9 (Procedure of Negotiation) ④ Government negotiating representatives shall demand unification of bargaining counter in case of 2 or more trade unions request negotiation. In this case, government negotiating representatives may refuse to negotiate until unification of bargaining counter completed

■ Rights to Collective action Article 3 (Guarantees and limits of union activity) ① Proper union activity including organising, joining in and other related action shall not be applied to State(Local) Public Officials Act Article 66 Clause 1 in accordance with this Act ② When Public officials participate in union activity, public officials should not doing against the duties of public officials regulated by other laws Article 4 (Ban on Political Activity) Trade Unions and their members should not be doing any political activity Article 11(Ban on Dispute) Trade union and their members should not be doing all of the acts including strike, slowdown or any other activity that interferes with the normal operations Article 18 (Penalty) Person who violates of Article 11 by strike slowdown, or else that interferes with the normal operation of business shall be punished less than five years imprisonment or fined of less than 50 million won (US$ 50,000)

State/Local Public Officials Act ■ Article 57 (Duty of Obedience) ■ Article 63 (Duty of Maintain Dignity) ■ Article 65 (Prohibition of Political Activity) ■ Article 66 (Prohibition of Collective Action)

Revised Code of Conduct Revised Code of Conduct (2009 November) ■ Prohibition on criticising government policy regardless of job performance ■ Prohibition on wearing clothes contain a political slogan such as headbands, ribbons, union vest, which could cause inconvenience to visitors and could harm working condition

YearCaseResults 2009Contribution on Labour Democratic Party of Korea - Violation of Political Party Act, Political Fund Act and State/Local Public Officials Act public servants including teachers prosecuted by the Seoul Central District Prosecutor’s Office - Police raided on KGEU head office and DLPK internet server for evidence Seoul Central District Court sentenced penalty from $300~$500 for guilty of Political Fund Act and currently the case is in the court of appeal. Public Administration ministry Education ministry took disciplinary action against all of sentenced public officials 2011Contribution on Labour Democratic Party of Korea - Violation of Political Party Act, Political Fund Act and State/Local Public Officials Act 1589 public officials including teachers prosecuted by each local district prosecutor’s office. The first trial is ongoing.

The best way to quality public services is to ensure basic labour rights of public servants