KCTU Leader Blames CU Cargo Worker's Death on Employer Refusal to Negotiate

The tragic death of a cargo worker affiliated with CU has ignited strong criticism from the Korean Confederation of Trade Unions (KCTU). KCTU President Yang Kyeong-soo unequivocally stated that the core issue lies with the principal employer's refusal to engage in direct negotiations. He asserted that the Ministry of Employment and Labor has erred by framing this incident as a dispute solely between small business owners and individual entrepreneurs, thereby sidestepping the fundamental labor rights at stake.

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The problem's essence is that the principal employer has not engaged in negotiations, and the Ministry of Employment and Labor must play an active role in ensuring the principal employer enters negotiations.

Yang Kyeong-soo highlighted that the judiciary has previously recognized the labor status of workers in similar situations, citing a court ruling affirming the labor rights of SPC cargo workers. He also pointed to the 2022 Freight Cargo Union strike, which was legally acknowledged as a labor dispute by the Seoul Central District Court. The KCTU president expressed deep regret over the Ministry's apparent attempt to negate these established legal precedents and minimize the significance of the "Yellow Envelope Act," which aims to strengthen protections for subcontracted and platform workers.

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The court has already affirmed the labor status of SPC cargo workers, and the Freight Cargo Union's struggle to win the safe 운임제 was recognized as a labor union's dispute by the Seoul Central District Court last year.

This incident underscores a persistent problem in South Korea: the ambiguous legal status of "labor providers" like cargo workers, who operate as independent contractors despite often lacking genuine autonomy. KCTU argues that without a legal framework that presumes their status as laborers, these workers are effectively barred from engaging in legitimate labor disputes. To address this, the union is pushing for the "presumption of employment status" under the Labor Standards Act. As a testament to their commitment, KCTU has declared 2024 the "Year of Securing Principal Employer Negotiations" and plans a nationwide strike on July 15th to demand fair treatment and recognition for all workers.

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If the Freight Cargo Union had filed for dispute mediation within the current legal framework, it would have been rejected 100% on the grounds that they are not laborers, and pursuing legal procedures would be tantamount to giving up the strike.