In 2008, the compulsory arbitration system was abrogated under the long standing criticism that it actually deprived the public sector workers of the right to strike. Ten years have passed that a new system called the 'minimum maintenance service system' was introduced for the purpose of harmonizing the protection of public interests and workers' rights in lieu of the previous regulations on 'essential business'.

The Trade Union and Labor Relations Adjustment Act regulates that the parties concerned in the public service sector shall determine the level of 'minimum service to be maintained' to ensure the proper maintenance and operation of the minimum services during a period of industrial action.

However, the expected objective of the change was not realized due to some legal loopholes and industrial relations in the public sector have not been improved. The employers of essential public services designated most of public service businesses which can be affected by industrial action as the 'minimum service to be maintained' and the National Labor Relations Commission upheld the maintenance rate closer to 100% for the 'minimum service to be maintained'. Employers are even allowed to use the replacement workers up to 50% of the striking workers. These changes in fact incapacitated trade unions from exercising their right for collective action and also resulted in the prolonged labor disputes recently witnessed in the public sector.

reported by Bae Hye-jeong
translated by Kim Sung-jin