<Joint Statement>

Human Rights Commission's late decesion, Yoosung Emterprise! Stop discrimination against Democratic labor union's member now!

Last Friday (1/11), the National Human Rights Commission of Korea(NHRCK) issued a statement called <Recommendation of Discrimination remedy to Yoosung Enterprise and Expressions of opinions for the status settlement>. The NHRCK has decided that several acts that have plagued workers to destroy the democratic labor union are discrimination, which has seriously worsened the mental health of workers and urged the companies and the government to step up efforts to address them.

This decision of Human Rights Commission is very late one. Especially, thinking about the situation of workers of Yoosung Enterprise(C), which has been threatened their serious mental health by Yoosung Enterprise’s discrimination and harassment. Metal industrial union district of Yoosung Enterprise (the same as Democratic labor union) had complained about the company’s human rights abuse since last 2013, but finally, in 2017 had the investigation about discrimination and before the 2 years, had came up with the decision. While they had spend time like this, there was juridical decision about company’s various kinds of unfair labor practice. As Human Rights Commission apologized through the press release, workers had to be suffered from the more flagrant unfair labor practice and harassment, because of the late decision than juridical decision.

The Commission's Discrimination Remedy Committee decided that it is discriminatory that Yoosung Enterprise excluded the members of the first labor union (democratic labor union) when it assigned extra and overtime work and granted extended work allowance for it. The Committee also decided that it is discriminatory to give incentives for settlement without conflict only to union members who reached a deal without a strike. It is hard to understand that it took so long to judge only two cases under any excuse. In addition, it is highly problematic that it was dismissed on the grounds that it is difficult to find evidence for the change of work placement and the refusal to issue early leave passes. Since it is clear that the accused would deny that it committed any discriminatory acts, not just an inquiry but also a research should have been conducted.

It also proves the legal limits of the National Human Rights Commission Act (NHRC). Most are rejected according to article 32(Rejection of Petition) of the NHRC, “Where the trial at a court or the Constitutional Court, the criminal investigation by an investigation agency or the procedures for remedies for infringement of rights under any other Act are in progress or terminated with respect to the fact causing the petition, at the time when the said petition is filed to the Commission”. ‘Cases related to wage and bonus cuts, and promotions’ are applicable. Especially, even though a wage increase has been unsuccessful due to the company’s attitude of delaying negotiations and non-claiming from 2011 till 2018, it inevitably got eliminated from the Commission on Civil Rights’ consideration since the court already made decision on the corresponding case. However as judged by the court and decided by the Commission on Civil Rights, organizing company-dominated union is an unfair labor practice, and discriminating against the union and the democratic union is unfair.

Through this press release, the NHRCK also released the results of the questionnaire survey on the mental health status of workers in the Yuseong company. According to the result, 62% of the 433 respondents was under a lot of stress in daily life. In particular, the mental health status of democratic union members was even worse. 91 respondents showed mental health risks, including signs of depression (59) and post-traumatic stress disorder (32). The fact that the number of union members in the first union was significantly higher among them, which is 43 people showing signs of depression and 25 showing the post-traumatic stress disorder respectively, is a result of the persistent tormenting to democratic union members caused by the Yuseong company.

The result is similar to the investigation result of <The Social Fact-Finding Mission on Human Rights Violation and Harassment against Workers of Yoosung Enterprise Co., Ltd.> last 2016, and it ascertains that the labor union destruction and harassment against workers of Yoosung Enterprise threaten the right to health once again. These acts resulted in the extreme consequences of the suicide of Han Kwang-ho, the worker of Yoosung Enterprise in 2016, and the suicide of Mr. Oh, the labor union member in 2018.

Thus far, the labor union and civil society have called for a halt to numerous bullying and unfair labor practice committed by Yoosung Enterprise to neutralize the labor union. The company has turned a deaf ear to the voices of civil society and is still harassing members of the Democratic labor union. The company is still monitoring and harassing the workers, although they have been reinstated following the court ruling. Now, Yoosung Enterprise should stop discriminating and harassing workers and refrain from hostile acts against the Democratic union, as recommended by National Human Rights Commission of Korea.

The trial of Yoo Si-young, the chairman of Yoosung Enterprise will be held soon. Though the company is trying to conceal the criminal fact, delaying the trial day by day, as revealed in the decision of NHRCK, the labor union destruction and harassment against workers of the company is so serious that the acts made the workers consider death. The judiciary should make a strictly impartial judgment on vicious Chairman Yoo Si-young of Yoosung Enterprise. In addition, the police, the prosecution, and the government should immediately stop consistent actions to defend the company that oppressed the union activity, and to investigate and charge workers partially.