South Korean civil service unions seek penalties for mayors’ unfair labor practices

Civil service unions in South Korea have asked the Constitutional Court to address what they describe as a legal gap: local government heads can commit unfair labor practices, but the law does not provide corresponding criminal penalties.

The Wonju City Hall Civil Service Union and the Yeongwol County Civil Service Union filed the petition on Sept. 1. They argue that the absence of penalties violates public employees’ constitutional rights to equality, association and collective bargaining.

The unions say the Public Officials’ Labor Union Act defines unfair labor practices as unlawful by applying provisions of the Trade Union and Labor Relations Adjustment Act. However, they argue that it does not also apply provisions that set criminal penalties for such conduct. In their view, the mismatch creates a contradiction and discourages union activity.

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The failure of the Public Officials’ Labor Union Act to apply criminal penalties for unfair labor practices unfairly discriminates against public officials compared with other workers and effectively infringes on their three labor rights by favoring state agencies and local governments in labor relations.

The Wonju union points to a 2023 dispute with the city mayor. It opposed the abolition of a multi-source evaluation system and the expansion of the mayor’s secretariat, after which a senior union official was transferred. The union says it could not obtain meaningful protection because the law lacked a penalty provision.

Attorney Kim Hyeon-ho, who represents the petitioners, said, “The failure of the Public Officials’ Labor Union Act to apply criminal penalties for unfair labor practices unfairly discriminates against public officials compared with other workers and effectively infringes on their three labor rights by favoring state agencies and local governments in labor relations.” Wonju union chairman Moon Seong-ho said the unions had raised the issue with the executive and legislative branches before turning to the constitutional petition.

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We filed the constitutional petition after raising the issue with the executive and legislative branches without resolving it. We hope our efforts lead to improvements in public officials’ working conditions.