A/HRC/32/36/Add.5
civil society and to further vitalize civil society. The Government looks forward to the
Advisory Committee putting forth useful proposals for the development of civil society and
for the build-up of a cooperative relationship between the Government and civil society.
The government also plans to give full support for the Committee's fruitful work.
Labor unions
16.
Para 56: The Constitution of the Republic of Korea prescribes the duty of political
impartiality for public officials. Relevant laws prohibit public officials and teachers from
engaging in political activities such as election campaigning to keep them unbiased to the
interests of any political factions or parties. In the realm of education, political impartiality
means that there should not be unwarranted interference by national authorities or political
parties, nor education be embroiled in political activities. The Government prohibits
political activities of teachers’ trade unions which consist of elementary and middle school
teachers in order to prevent students from being negatively influenced by their teacher’s
political orientation in the course of the formation of their personalities and values.
17.
Para 57: The recommendations of the Committee of Experts on Freedom of
Association (CFA) should be respected as stated in the report, but it may be difficult to
fully implement them given the different domestic systems and cultures of each country.
The Government submitted a revised bill to the National Assembly in 1999 to grant
membership of trade unions to dismissed workers but the bill was shelved during
deliberation. In 2006, representatives of tripartite parties of labor, management and
government agreed to maintain the current law which restricts eligibility of dismissed
workers for members and leaders of trade unions.
18.
In particular, the Act on the Establishment, Operation, etc., of Trade Unions for
Teachers (AEOTUT) and the Act on Establishment and Operation, etc., of Public Officials’
Trade Unions (AEOPOTU) were enacted as special laws, unlike other trade union acts,
given the following elements: distinctive job characteristics of public officials and teachers
such as their influence on public interests, professionalism and autonomy; their unique
qualification, status and recruitment process; and public expectation on public officials and
teachers. The Constitution also provides that three basic labor rights of public officials and
teachers may be prescribed differently from those of general workers. It should be also
emphasized that the AEOTUT was established as a result of public discussion and tripartite
agreement.
19.
Para 58: The AEOTUT and the AEOPOTU confines the membership of trade
unions to public officials and teachers in office, as well as to dismissed ones whose cases
on requesting remedy for unfair labor practices are under review by the Labor Relations
Commission. However small the number of dismissed ones may be, the bylaws of the
Korean Teachers and Education Workers Union (KTU) and the Korean Government
Employees’ Union (KGEU) recognizing those whose dismissal was confirmed by the
National Labor Relations Commission as members are a clear violation of the AEOTUT
and AEOPOTU and would undermine legal stability and consistency unless they are
corrected. The bylaws thus are grounds for revoking the registration of KTU and KGEU as
trade unions under the Trade Union and Labor Relations Adjustment Act (TULRAA). This
was confirmed at the Supreme Court.
20.
Para 59: The union registration system does not infringe on the right to freedom of
association. The system is designed to ensure that workers exercise their right to freedom of
association in an autonomous and democratic manner, by allowing unions that fulfill legal
requirements to freely seek registration and by preventing the rampant establishment of
organizations that fail to meet legal requirements. The TULRAA, prescribing the
requirements for trade unions, does not protect organizations that fail to fulfill those
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