(Geoje·Seoul = Yonhap News) Reporter Jeong Jong-ho and Park Young-min = Hanwha Ocean's application for suspension of execution was rejected by the court, dissatisfied with the ruling of the National Labor Relations Commission that workers from Wellive, a contractor in charge of in-house catering, commuting bus operation, and facility management, should be included in the negotiations.
According to the legal community and the Korean Metal Workers' Union on the 2nd, the day before, the 13th Administrative Division of the Seoul Administrative Court (Chief Judge Jin Hyeon-seop) dismissed Hanwha Ocean's application for suspension of execution filed against the Central Labor Relations Commission.
The court stated the reason for dismissal was that “there was no evidence of concern that irreparable damage would occur or an urgent need to suspend effect to prevent this.”
Next, it was considered difficult to conclude that the previous decision of the Central Labor Committee, which found that Hanwha Ocean can control and make decisions in a practical and specific manner regarding the improvement of facilities and equipment such as galleys, laundry rooms, and commuter buses for Wellive workers, was clearly illegal.
However, it was determined that Hanwha Ocean had no obligation to engage in collective bargaining because its status as a non-contractual employer was not recognized for working conditions over which it could not substantively or specifically control or determine.
Previously, the union of Hanwha Ocean's subcontracted workers requested collective bargaining from Hanwha Ocean, the main contractor, as the revised Labor Union Act, known as the 'Yellow Envelope Act', went into effect in March.
When Hanwha Ocean announced its request for negotiations, it included the Geoje, Tongyeong, Goseong Shipbuilding Subcontracting Branch of the Metal Workers' Union, but excluded the Wellive Branch, which also requested negotiations.
Afterwards, the Gyeongnam Labor Committee decided that Hanwha Ocean should announce the confirmation of the union requesting negotiation, including the Wellive branch.
Hanwha Ocean applied for a retrial, but the Central Labor Relations Commission also maintained its initial decision.
During this process, the Central Labor Relations Commission also decided that Hanwha Ocean was the employer of Wellive workers.
The Korean Metal Workers' Union issued a press release on this day and emphasized, "Hanwha Ocean must immediately engage in primary contract negotiations with the Metal Workers' Union," and added, "The government must fulfill its responsibility and role to ensure that primary contract companies engage in collective bargaining with the non-regular subcontractor union."
In response to this court decision, Hanwha Ocean announced its official position, saying, "We plan to proceed with negotiations in accordance with the court's decision."
On the 30th of last month, six union members, including Kang In-seok, president of the Geoje Tongyeong Goseong Shipbuilding Subcontracting Branch of the Metal Workers' Union, are currently staging a sit-in protest by climbing onto the roof of the advanced painting factory and the system scaffold assembly crane at the Hanwha Ocean plant in Geoje, Gyeongsangnam-do, demanding negotiations with the main contractor.
They plan to continue the high-altitude sit-in until collective bargaining with the main office is concluded.
Progressive political parties in the Gyeongnam region also said that the court's decision to dismiss was a natural result and urged Hanwha Ocean to immediately begin negotiations.
In a commentary, the Gyeongnam Provincial Party of the Progressive Party said, “The court has put the brakes on the company’s unconstitutional idea of viewing negotiation as ‘an irreparable loss.’ The company has stated that it will ‘follow the court’s decision,’ so the negotiation process must proceed immediately.”
The Gyeongnam branch of the Justice Party also emphasized that "Hanwha Ocean must immediately present a detailed negotiation plan, come to the collective bargaining table with subcontracted workers, and fulfill its responsibility as the main contractor" in response to the situation in which subcontracted workers launched a high-altitude sit-in protest.
