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- U.S. DEPARTMENT OF STATE
- KOREA: 1994 COUNTRY REPORT ON ECONOMIC POLICY AND TRADE PRACTICES
- BUREAU OF ECONOMIC AND BUSINESS AFFAIRS
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- Since July 1991, South Korea has been suspended from U.S.
- Overseas Private Investment Corporation (OPIC) insurance
- programs because of the limits placed on the freedom of
- association and other worker rights.
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- b. Right To Organize and Bargain Collectively
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- The Constitution and the Trade Union Law guarantee the
- autonomous right of workers to enjoy collective bargaining and
- collective action. Although the Trade Union Law is ambiguous,
- the authorities, backed up by the courts, have ruled that union
- members cannot reject collective bargaining agreements (CBAS)
- signed by management and labor negotiators. Nonetheless, union
- members continue to reject CBAS agreed to by labor and
- management negotiators. Extensive collective bargaining is
- practiced. Korea's labor laws do not extend the right to
- bargain collectively to government employees, including
- employees of state or publicly run enterprises and defense
- industries.
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- Korea has no independent system of labor courts. The
- Central and Local Labor Commissions form a semiautonomous
- agency of the Ministry of Labor that adjudicates disputes in
- accordance with the Labor Dispute Adjustment Law. The Law
- authorizes labor commissions to start conciliation and
- mediation of labor disputes after, not before, negotiations
- breakdown and the two sides are locked into their positions.
- Labor-management antagonism remains a serious problem, and some
- major employers remain strongly anti-union.
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- c. Prohibition of Forced or Compulsory Labor
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- The Constitution provides that no person shall be punished,
- placed under preventive restrictions, or subjected to
- involuntary labor, except as provided by law and through lawful
- procedures. Forced or compulsory labor is not condoned by the
- government.
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- d. Minimum Age for Employment of Children
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- The Labor Standards Law prohibits the employment of persons
- under the age of 13 without a special employment certificate
- from the Ministry of Labor. Because education is compulsory
- until the age of 13, few special employment certificates are
- issued for full-time employment. Some children are allowed to
- do part-time jobs such as selling newspapers. In order to gain
- employment, children under 18 must have written approval from
- their parents or guardians. Employers may require minors to
- work only a reduced number of overtime hours and are prohibited
- from employing them at night without special permission from
- the Ministry of Labor.
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- e. Acceptable Conditions of Work
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- Korea implemented a minimum wage law in 1988. The minimum
- wage level is reviewed annually. Companies with fewer than ten
- employees are exempt from this law, but, due to tight labor
- markets, most firms pay wages well above the minimum levels.
- The Labor Standards and Industrial Safety and Health Laws
- provide for a maximum 56-hour workweek, and a 24-hour rest
- period each week. Amendments to the Labor Standards Law passed
- in March 1989 brought the maximum regular workweek down to 44
- hours, but such rules are sometimes ignored, especially by
- small firms.
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- The government sets health and safety standards, but South
- Korea suffers from unusually high accident rates. The Ministry
- of Labor employs few inspectors, and its standards are not
- effectively enforced.
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- f. Rights in Sectors with U.S. Investment
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- U.S. investment in Korea is concentrated in petroleum,
- chemicals and related products, transportation equipment,
- processed food, and to a lesser degree, electric and electronic
- manufacturing. Workers in these industrial sectors enjoy the
- same legal rights of association and collective bargaining as
- workers in other industries. Manpower shortages are forcing
- labor-intensive industries to improve wages and working
- conditions, or move offshore. Working conditions at U.S.-owned
- plants are for the most part better than at Korean plants.
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- Extent of U.S. Investment in Selected Industries.--U.S. Direct
- Investment Position Abroad on an Historical Cost Basis--1993
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- (Millions of U.S. dollars)
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- Category Amount
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- Petroleum 74
- Total Manufacturing 1,236
- Food & Kindred Products 268
- Chemicals and Allied Products 212
- Metals, Primary & Fabricated 50
- Machinery, except Electrical 39
- Electric & Electronic Equipment 186
- Transportation Equipment 59
- Other Manufacturing 422
- Wholesale Trade 245
- Banking 1,231
- Finance/Insurance/Real Estate 169
- Services 24
- Other Industries 23
- TOTAL ALL INDUSTRIES 3,001
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- Source: U.S. Department of Commerce, Bureau of Economic
- Analysis
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