**Q. The company’s treatment is too poor; what capabilities are needed to form a union? Is it true that a constitution needs to be made? It seems like registration with the labor office is required after forming the union. Can it be rejected? If so, for what typical reasons? Is it hard to negotiate? Are there any places that can help with forming a union? (December 2024, nickname ‘Hueu’)**
**A. Amazing! Wanting to form a union to improve treatment is really welcome. No capabilities are needed to form a union. Instead of a constitution, you need to create regulations. If you search for ‘model union regulations,’ you’ll find plenty of materials. Choose one and tailor it to fit your company.**
You can form a union with just two people. Hold a general meeting, establish the regulations, elect officials, and then submit a union establishment report to the local city (county, district) office—done! According to Article 33 of the Constitution concerning the three labor rights (right to organize, bargain collectively, and act collectively), a union establishment report is a ‘notification,’ not a ‘permit,’ so it is rare for it to be rejected. The certificate of notification will be issued within three days.
According to Article 29 of the Trade Union Act, unions have the right to ‘negotiate with employers or employer organizations and conclude collective agreements.’ Collect opinions from union members, create a demand proposal, and send a negotiation letter to the company. If the company does not participate in negotiations, you can accuse the president of violating the Labor Union Act, which can result in up to two years of imprisonment, etc. If negotiations break down, you can engage in collective actions like work slowdowns and strikes in accordance with the Constitution and the Trade Union Act. Forming a union is quite straightforward, isn’t it?
However, what happens if you form a union? If the company penalizes union activities, they can be punished, so they may create a ‘pro-company union.’ They will gather a majority of employees to form a large union and negotiate for a collective agreement with the employer. A minority union cannot do anything during the effective period of the agreement. The company will subtly oppress minority union members without violating the law. If you fail to gather a majority from the start, you could fall into the ‘curse of dual unions.’ Forming a union is really hard.
The reason our country’s union organization rate is only 13% is because of this. Compared to the public sector with 71.6% and workplaces with more than 300 employees at 36.8%, those with less than 100 employees are at 1% (30-99 employees at 1.3%, under 30 at 0.1%). The fact that 99% of companies with fewer than 100 employees are non-unionized shows how difficult it is for small companies to gather a majority and negotiate and strike against the employer.
According to the International Labor Organization (ILO), the union organization rates are Iceland (91.4%), Denmark (67%), Sweden (65.2%), Finland (58.8%). In 2024, the United Nations ranked the world happiness index top 4 as Finland, Denmark, Iceland, and Sweden. This surprising equation ‘Union Republic’ = ‘Happiness Republic’! Unlike our country where unions are formed by individual companies, in ‘Europe beyond the tent’ everyone can join a union in the industry they work in. Incidentally, South Korea, with one of the lowest union organization rates in the OECD, ranks 52nd on the UN happiness index.
Yoon Suk-yeol’s martial law declaration No.4 states, “Ban strikes, slowdowns, and rallies that incite social chaos,” and anyone violating this can be ‘arrested without a warrant’ and ‘punished.’ Political broker Myung Tae-kyun said during the 2022 Daewoo Shipbuilding & Marine Engineering (now Hanwha Ocean) strike, “Because of 150 demonstrators, 10,000 subcontract workers almost suffered” and “I reported to the president and the first lady to crack down firmly.” Since taking office, Yoon Suk-yeol cracked down on the cargo and construction unions. He vetoed amendments to the Labor Union Act that would have allowed subcontractors to negotiate with the main contractor, quashing even the slightest hopes of irregular workers, and aimed to turn workers into slaves working 120-hour weeks.
It’s said that young men in their 30s aren’t attending impeachment rallies due to employment insecurity. Isn’t it because in 2025, South Korean jobs consist mainly of irregular, subcontracted, temporary, platform, and freelance work, not because of lack of ability, but because companies recklessly use and discard irregular workers for greater profits? Can’t our “reunited world” become a society like the Nordic ‘beyond the tent’ where ‘equal pay for equal work’ is standard, and regular employment is the norm?
Times being what they are, this explanation has gotten lengthy. Recently, there has been a sharp rise in the favorability of the Korean Confederation of Trade Unions. If you can gather a majority in your company, reach out to them. If that’s too difficult, knock on the online union door (cafe.naver.com/119union) created by Workplace Gapjil 119. You can join anonymously to get labor counseling, and it could serve as your ‘cheering stick’ as online unions unite by industry to change workplaces and society.