On June 4, the Central Labor Commission canceled the Jeonnam Regional Labor Committee's decision to dismiss a request by the Korean Tower Crane Operators Union, affiliated with the Korean Confederation of Trade Unions, for a correction regarding the obligation to announce negotiation demands. The commission recognized the primary user's obligation to make such announcements.
This case is significant as it represents the first determination of user status following the enactment of the Yellow Envelope Law, which amended Articles 2 and 3 of the Labor Union Act on March 10. The Jeonnam committee had previously denied user status, but the Central Labor Commission reversed that decision.
The commission acknowledged the primary user's responsibility regarding industrial safety and working conditions, stating, "It is difficult for subcontractors, such as tower crane rental companies, to independently eliminate all harmful and dangerous factors related to tower crane operations and to implement structural improvements like safety equipment installation and dismantling."
It further asserted that the primary user has a substantial and concrete position to control and determine safety-related issues, thus requiring them to announce the subcontractor union's negotiation demands.
However, the commission did not recognize user status concerning wage-related issues. It concluded that while labor and management can negotiate autonomously to improve wage systems, the primary user does not have a substantial and concrete position to control and determine these matters.
The union has argued that tower crane operators receive direct instructions and oversight from the primary user, seeking recognition of user status. In contrast, Jungheung maintains that operators have significant autonomy during their work and that the primary user does not provide direct instructions or management.
Previously, the union requested collective bargaining with Jungheung Engineering and Jungheung Construction, but after the companies did not respond, the union filed a request for a correction with the Jeonnam committee on March 24. The committee dismissed the request on April 10, stating it could not recognize the companies' user status, prompting the union to appeal to the Central Labor Commission.
Should Jungheung Construction and Jungheung Engineering contest this decision, they may file an administrative lawsuit within 15 days of receiving the ruling. This determination is expected to set an important precedent for future labor committee and court decisions regarding the scope of user status under the Yellow Envelope Law.
In contrast, the Gyeongbuk Regional Labor Committee has accepted a similar request from the National Construction Workers Union against POSCO E&C, recognizing the primary user's status in that case.
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.