Court Rules Six of Nine Samsung Biologics Processes Eligible for Strike

In a significant decision for labor relations in South Korea's burgeoning biopharmaceutical sector, the Incheon District Court has ruled that a substantial portion of Samsung Biologics' cultivation and purification processes can be subject to strike action. This ruling, which partially granted the company's request for an injunction against labor disputes, allows union members to strike in six out of nine key processes.

The court's decision carefully distinguishes between processes that are absolutely critical for preventing spoilage or damage to raw materials and products, and those that constitute active production. Samsung Biologics had argued that the continuous nature of biopharmaceutical manufacturing, operating 24/7, meant any halt in these processes would lead to the loss of all intermediate products. However, the court found this interpretation too broad, stating that it blurred the lines between essential preservation activities and value-generating production.

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The court differentiated between active production and activities aimed at preventing product spoilage, allowing strikes in most cultivation and purification stages.

This ruling is a crucial development, as it upholds the right to strike for workers in critical industries while also acknowledging the need to protect essential operations. The court's emphasis on differentiating between active production and preservation activities provides a framework for future labor negotiations in similar continuous-process industries. The union plans to proceed with its planned strike, setting the stage for further developments in this high-stakes labor dispute.

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It is reasonable to consider additional work on semi-finished products that are in the final stages as a strike-restricted work.