PSPD l People's Solidarity for Participatory Democracy
[statement] Samsung should end its anti-constitutional management
- 2018.04.04 (16:35:01)
Samsung should end its anti-constitutional management
Prosecutors have obtained Samsung’s union-busting strategy documents
PSPD calls for special labor inspection, thorough investigation and punishment
According to the Hankyoreh newspaper on 2 April 2018, the Prosecutors Office has launched a full-scale investigation on Samsung’s union-busting operations upon acquiring 6,000 documents describing its anti-union strategies. The acquisition took place while the Prosecutors Office was investigating Samsung for the group’s payment of DAS litigation costs made on behalf of former President Lee Myung-bak. Obviously, Samsung’s anti-union actions are anti-constitutional crime. People’s Solidarity for Participatory Democracy (PSPD) strongly condemns Samsung for dominating over the Constitution. PSPD calls the Ministry of Employment and Labor for special labor inspection, the Prosecutors Office for thorough investigation and the judicial branch for punishment.
Over the years suspicions about Samsung Group’s union-busting operations have repeatedly been raised. Previously on 14 October 2013 a document containing the group’s specific union-busting scenario had been disclosed. According to the document, the group had planned and elaborately tailed and inspected its employees, at the group level. Samsung’s labor union, the direct victim of such operations, jointly with civil society organizations including PSPD, Korean Confederation of Trade Unions and MINBYUN-Lawyers for a Democratic Society pressed a charge against Samsung. The Prosecutors, however, dismissed the charge in 2015 for lack of evidence. Now, after three years, Samsung’s union-busting operations have clearly revealed.
Our society talks about the need for constitutional amendment appropriate for the changing age, but in reality not even the current 1987 Constitution is fully practiced. The Article 33 (1) of the Constitution of the Republic of Korea states, "To enhance working conditions, workers shall have the right to independent association, collective bargaining and collective action.” Accordingly, workers are guaranteed a constitutional right to engage in union activities and to negotiate with employers on labor conditions. However, Samsung has been reigning over the Constitution for a long time under the auspices of the government and media. It is a shame. Wrong labor practices must be abolished and labor rights should be guaranteed. The Ministry of Employment and Labor should make every effort to uncover the truth through special labor inspection on Samsung's unfair labor practices. The Prosecutors should investigate Samsung's union-busting scenarios. In making its judgement, the judiciary should implement a society where labor is respected, by reflecting to the spirit of the Constitution and law the serious crime of busting labor union. The people are watching on how the state secures the rights of labor guaranteed by the Constitution.
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