South Korean Union Accuses Firm of Illegal Lockout Amid Strike

A dispute has erupted at Hana Materials, a South Korean semiconductor materials company, where the labor union accuses management of engaging in "unfair labor practices" by implementing a "lockout" precisely as workers began their strike. The union contends this move is an illegal tactic designed to undermine their organizing efforts and suppress labor rights.

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The company's announcement of a lockout at the same time the union's strike began is an unfair labor practice aimed at damaging the union's organizational power and suppressing the union.

The Metal Workers' Union's Chungnam branch and the Hana Materials local chapter filed a complaint with the Ministry of Employment and Labor, asserting that the company's lockout announcement on August 22nd, timed to coincide with the strike's commencement, was a pre-planned "defensive" measure. The company cited potential disruptions to normal operations, management losses, and safety risks as reasons for the lockout, but the union argues these justifications are unfounded as the strike had not yet caused any actual damage.

According to the union, the company has been largely unresponsive to collective bargaining efforts since the local's establishment in May. They allege that management has refused to participate in negotiations, threatened workers with dismissal for absences, and engaged in other forms of union suppression. The union claims that out of 15 negotiation requests, the company only attended nine meetings, and that attempts to persuade members to leave the union have continued.

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The company prepared the lockout before the strike even began.

A significant point of contention is industrial safety. Union members report inadequate measures for handling hazardous materials in the semiconductor component manufacturing process, including insufficient labeling, lack of safety data sheets, and poor protective gear management. They also allege that the company prioritizes production deadlines over safety, citing a recent large fire that reportedly lacked proper preventative measures. Furthermore, the union claims that workplace accidents are often misclassified as "company-related incidents" rather than industrial accidents to avoid accountability, forcing workers to accept this to prevent career repercussions.

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Lockouts can only be exercised exceptionally as a defense when the employer is in a significantly disadvantageous situation due to labor disputes.

Legal experts suggest the lockout may be illegal, as court precedents indicate such measures should be a last resort used only when a company faces significant disadvantage due to labor actions. Implementing a lockout at the start of a strike, especially after perceived uncooperative negotiation behavior, could be deemed "preemptive and aggressive." Hana Materials, however, maintains that the lockout was a necessary response to disruptive union activities during a partial strike, including chanting near employees who were working. The company denies allegations of wage theft and claims the union rejected proposals for practical negotiations.

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The company announced the lockout the night before after hearing about the strike, as union members shouting next to normal working employees caused work interference.