South Korean Court Rejects Public Holiday Case for Small Businesses, Sparking Outrage

South Korea's Constitutional Court has dismissed a constitutional appeal concerning the exclusion of workers at businesses with fewer than five employees from public holiday and alternative holiday benefits. The petitioners, including the labor group Kwonri Chatgi Union, vehemently opposed the court's decision, labeling it as granting a "get out of jail free card" for national discrimination based on arbitrary business size.

The court unanimously ruled that Article 4 of the Public Holidays Act, which stipulates that public holidays apply according to related laws like the Labor Standards Act, does not directly restrict petitioners' freedoms. The court reasoned that the alleged deprivation of fundamental rights stems from provisions in the Labor Standards Act that exclude businesses with fewer than five employees, not from the Public Holidays Act itself.

However, the petitioners argue that this ruling validates and encourages a growing trend of "business splitting" and the creation of "fake small businesses" to circumvent labor laws, including the Serious Accidents Punishment Act and the Public Holidays Act. They assert that the court's decision, under the guise of protecting small business owners, actually incentivizes strategies that deepen workplace polarization and inequality.

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The Constitutional Court has given a pass to national discrimination that divides citizens' basic rights based on an arbitrary standard of business size.

Prior to this ruling, five workers who had been employed at businesses with four or fewer employees, along with the Kwonri Chatgi Union, filed the constitutional appeal in August 2021. They argued that the Public Holidays Act, by referencing the Labor Standards Act, infringed upon the rest rights, equality rights, and labor rights of workers at small businesses.

The petitioners vowed to continue their struggle for the dignity and rights of workers, emphasizing the need for proactive action and social solidarity. They believe the court's decision does not legitimize the discrimination faced by workers in small businesses and are committed to fighting for fair labor practices.

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This decision will encourage the spread of tactics to circumvent labor laws and deepen workplace polarization.