President Lee calls for clearer 'Yellow Envelope Law' dispute guidelines

President Lee Jae-myung has called for a more proactive approach to defining the scope of labor disputes under the controversial "Yellow Envelope Law." During a State Council meeting, Lee urged the Ministry of Employment and Labor to actively review and clarify the criteria for what constitutes a legitimate labor dispute, responding to calls for more explicit guidelines.

“

There are demands to clarify the criteria for what constitutes a labor dispute, and that is a reasonable argument, so actively review it.

Lee acknowledged the argument that specific examples and clear definitions are needed to determine whether certain actions fall under the law's purview. He noted criticism that the ministry has not yet established these clear regulations. "Interpretations and guidelines are different. An interpretation is merely an opinion," Lee stated, emphasizing the need for formal regulatory measures rather than mere administrative interpretations.

“

Interpretations and guidelines are different. An interpretation is merely an opinion.

He further illustrated the point by referencing a previous discussion about whether opposing the location of a company's factory constitutes a labor dispute. Lee suggested that clearly defining such scenarios in regulations would be beneficial, contrasting this with the ministry's current reliance on interpretation. "Defining the criteria clearly in regulations would be good," he said, noting the distinction between interpretation and setting legal standards.

“

It is the authority of the executive branch, as stipulated by the Constitution, to determine the detailed matters necessary for the enforcement of laws.

Minister of Employment and Labor Kim Young-hoon responded that while the ministry has already issued administrative interpretations, he acknowledged potential criticism due to the lack of specific delegation in the law for creating such regulations via enforcement decrees. Lee reiterated that establishing detailed provisions for the implementation of laws falls under the executive branch's authority, suggesting that ministries should utilize enforcement decrees and rules more effectively instead of solely relying on parliamentary amendments for every detail.

“

While there may be criticism that there is no delegation in the law, we will actively review it.