ABSTRACT
A Study on Labor-Management Relations and the relevant Police Responsibilities
- with emphasis on police intervention in unlawful labor disputes -
The Graduate School Of Labor Studies Korea University
Labor Walfare?abor Policy Department
...
ABSTRACT
A Study on Labor-Management Relations and the relevant Police Responsibilities
- with emphasis on police intervention in unlawful labor disputes -
The Graduate School Of Labor Studies Korea University
Labor Walfare?abor Policy Department
Yang-Su Kim
In Korea, the Government has taken the initiative in establishing labor-management relations. This trend has been strengthened since 1980s as the level of laborers'' demands has been heightened, which can be characterized as a structural vicious cycle. The earlier term of the Mun-min Government was a period in which the Government accomplished its labor management policies through a authoritative control of labor movement. And the Government pursued a new tactic of including labor movement as a working group of the society in the later term. Since then the perception toward labor movement has been improved. Such a change in labor policies requires a government to play a role of fair judge who establishes fair rules and principles and keep them observed. However, it is a reality that the responsibility of police in labor management keeps drawing mistrust from both labor and management and criticism from international labor organizations as the police excercise law enforcement authority. This study aims at analyzing the trend of police use of force according to the change of labor policies of the Government, evaluating the level in using police power through examining the number of cases of police involvement and the number of inmates related to labor movement, and finding the problems in use of police power in terms of the principles and procedure to come up with proposals and improvements. Pursuing these goals, the study With these goals, this study concludes as follows:
First, in proportion to the improvement of perception toward Government labor policies and labor movement the number of the cases using police force and the number of labor dispute related detainees. In 1990 when labor control was strengthened by the Government, the ratio of use of police force per a case of labor dispute and the number of related inmates marked highest. This tendency was maintained by the earlier Mun-min Government that succeeds labor policies of the Sixth Government and later was weakened gradually.
Second, the principles in using police power associated with labor disputes have been more specific and politicized as the perception toward Government labor policies and labor movement changes. Until 1990 no specific standards except for the lawfullness of a labor dispute were found. The first ''Standard of Use of Police Power'' established in 1990 was too vague to provide with detailed tactical guidelines. In 2003, ''Three-phased Principle of Use of Police Power'' provided with general tactical guidelines and ''Countermeasures according to the Types of Labor Disputes'' in 2004 established detailed tactical policies to meet the offenses committed in an unlawful labor dispute and countermeasures to deal with a justifiable conduct in the course of a lawful dispute that bears a. serious damage to public interests.
Third, as domestic criticism of the vagueness and/or lack of transparency of police use of force standards has been a reality, the problems have been solved mostly through formulating a specific and/or compelling provisions regarding standards of use of police force. However, the time is thought of not quite mature to make the standards public, while it being seek for as a part of improving current law and system, when lack of respect for law on the part of labor organizations and other limits considered. From a long-term point of view, it may be allowable to open them to the public.
Fourth, it would be legitimate to have the Ministry of Labor assume the sloe and exclusive responsibility of labor disputes enforcement with the lapse of time. Even if police now excercise the sole authority in practice, penalty clauses were newly enacted and an exclusive authority of labor supervision officers regarding violation of labor-related law is provided specifically in the Labor Act. Exceptional police involvement under consideration of organized and collective nature of labor law infringement may contribute to overcoming fragmentation of governmental departments.
A reality of disrespect for principes in our society considered, it would be preferable to revise and supplement current principles while enforcing them to establish them as the principle that should be observed by both labor and management. When police use force based on the consensus shared by labor and management, the use of police force should be justified not only the both parties but also by the citizen. This study may be evaluated as a practical alternative to contribute to improving labor-management relations through examining current system and the problems, proposing the improvements to minimize mistrust of labor and management and establishing a fair rule.