ILO urges Korea to ease restrictions on public sector unions

From left, Chief of the Korean Confederation of Trade Unions (KCTU) Yang Kyung-soo, International Labour Organization (ILO) Director-General Gilbert Houngbo and Federation of Korean Trade Unions General Secretary Ryu Ki-seob pose during the ILO General Conference in Geneva, Switzerland, June 10. Courtesy of KCTU

The International Labour Organization (ILO) on Thursday called on the Korean government to engage with civil servant unions to protect legitimate labor activities, including the right to voice opinions on economic and social policies affecting their workforce.

The move underscores ongoing tensions in the public sector, where civil servants can form unions and bargain collectively but are barred from striking, and certain senior officials remain ineligible for membership.

ILO’s Committee on Freedom of Association (CFA) issued the recommendation in response to a complaint by the Korean Government Employees’ Union (KGEU) over a 2022 survey on the former Yoon Suk Yeol administration’s labor policies, which the government said violated civil servants’ political neutrality.

The committee urged talks to clarify which union activities should be permitted, noting that topics like wages and workforce reductions directly affect working conditions. It also rejected the government’s claim that Grade 6 civil servant managers cannot join unions, highlighting that they had previously been allowed to organize and that leadership roles do not justify restricting union rights.

Korean Government Employees’ Union members hold a press conference in Jongno District, central Seoul, on Dec. 5, 2022, condemning then-Interior Minister Lee Sang-min for threatening disciplinary action against union members who participated in a survey on government labor policies. Korea Times photo by Ha Sang-yun

The CFA also urged the government to guarantee collective bargaining autonomy for public officials outside national administrative positions and to keep employment-related policies subject to negotiation.

The matters highlighted in the complaint will be sent to ILO’s Committee of Experts on the Application of Conventions and Recommendations (CEACR) for further review.

Both the government and labor groups said they respect the recommendations.

“CFA’s recommendation reaffirms the government’s duty to protect civil servants’ labor rights,” said Jeon Ho-il, spokesperson for the Korean Confederation of Trade Unions, one of the nation’s largest umbrella labor groups, to which the KGEU belongs.

“It is a clear message that Korean society can no longer silence civil servants in the name of political neutrality,” he added.

The Ministry of Employment and Labor said Thursday it will review measures to strengthen labor rights for civil servants and maintain close communication with ILO on related policies.

This is not the first time ILO has raised concerns about limits on civil servants’ political expression in Korea.

In 2019, CEACR found that Korea’s State Public Officials Act — which bars political activity by teachers and civil servants — violated ILO conventions prohibiting discrimination based on political opinion.

In 2017, CFA recommended revising laws that had denied legal recognition to the government workers’ union and the Korean Teachers and Education Workers Union. Experts say such restrictions on political expression by civil servants are remnants of Korea’s military dictatorship.

“Comprehensively limiting political engagement for ordinary civil servants — beyond specialized roles such as police, military, diplomacy or intelligence — falls short of international standards,” said Kim Sung-hee, a professor at Korea University’s Graduate School of Labor Studies.

In many countries, civil servants may participate in political activity outside work hours, provided it is separate from official duties. In the United States, reforms to the 1993 Hatch Act eased restrictions on most federal employees, while in Germany, public officials are allowed to join political parties and engage in politics outside working hours.

“The current Korean law is a legacy of military dictatorship and runs counter to the principles of democracy, which guarantee citizens’ political freedom,” Kim said.