[단독]Cargo Solidarity Submits Opinion “The Fair Trade Commission’s Investigation is Illegal ‘Strike Destruction’”

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On the morning of the 5th, when the Fair Trade Commission started its second on-site investigation of the Cargo Solidarity headquarters of the Korean Confederation of Trade Unions, KFTC investigators and union legal representatives are talking about the method of investigation near the Public Transport Union Building in Gangseo-gu, Seoul. Correspondent Jo Haeram

The Korean Confederation of Trade Unions Public Transportation Workers Cargo Solidarity Headquarters, which is under investigation by the Fair Trade Commission after the general cargo strike, issued an opinion to the FTC stating that “the government’s strike destruction and investigation simultaneously violated the Monopoly Regulation and Fair Trade Act (Fair Trade Act).” officially submitted. It also clarified the view that requesting a wide range of data, such as a list of union members and those who have withdrawn, without specifying the facts of the allegation is a violation of the Constitution and the Fair Trade Act.

According to a written opinion submitted by the Korea Cargo Alliance to the Fair Trade Commission obtained by the Kyunghyang Shinmun on the 6th, the legal representatives of the Korea Cargo Alliance (Yeore Law Firm) said, “The initiation and purpose of the investigation is unreasonable, the alleged facts are not specified, and the submission order is comprehensive and unreasonable. He said, “I submitted this opinion to the Cartel General Division of the Fair Trade Commission on the afternoon of the 5th. According to the Fair Trade Act, the parties to the investigation may express their opinions on the investigation.

From the 2nd to this day, the Fair Trade Commission is attempting an on-site investigation into the office of the Cargo Solidarity building in the Gangseo-gu Public Transport Union Building and the Busan Regional Headquarters. It is to investigate whether the cargo union has committed ‘acts prohibited by business groups’ and ‘unfair joint acts’ under the Fair Trade Act.

Cargo Solidarity “Part of strike destruction… not a reasonable investigation”

The Cargo Solidarity first argued that the Fair Trade Commission’s investigation into the ‘union’ itself was unfair. Because cargo drivers are ‘workers under the Labor Union Act’ who are guaranteed three labor rights, it is wrong for the Fair Trade Commission, a corporate unfairness supervision body, to investigate the cargo drivers’ union, the Cargo Solidarity.

The Labor Relations Commission and the Supreme Court, etc., determine the nature of workers under the Labor Union Act, focusing on the actual provision of labor regardless of the contents of the labor contract. The International Labor Organization (ILO) Convention, which has the same effect as domestic law, also considers all working people, including specially hired workers (special notice), as workers. Accordingly, the Cargo Workers’ Union argues that even cargo drivers, who are subject to special complaints that cannot be recognized as workers under the Labor Standards Act, are workers under the Labor Union Act.

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On the 4th, the 11th day of the cargo union general strike, a cement company is seen over the driver’s seat of a cargo truck that has stopped operating in a variable parking lot in Seohae-daero, Jung-gu, Incheon, where cement companies are gathered. Reporter Kim Chang-gil

The Cargo Workers’ Union said, “Even though the Cargo Workers Union is a union that guarantees three labor rights, it is a violation of the ILO Convention and ignoring the ILO’s recommendations that have been made for decades to not recognize it as a union but to define it as a business association and investigate violations of the Fair Trade Act.”

Cargo Solidarity believed that the investigation by the Fair Trade Commission in conjunction with the government’s “strike suppression” was an abuse of the right to investigate under the Fair Trade Act. Article 84 of the Fair Trade Act stipulates, “Investigation officials must conduct investigations within the minimum necessary scope, and must not abuse their investigation rights for other purposes.” Article 9 of the ‘Fair Trade Commission Rules on Investigation Procedures’ stipulates that “when establishing an investigation plan, target companies must be selected based on objective and reasonable criteria.”

The Cargo Workers’ Union said, “The FTC launched an ex officio investigation, saying, ‘We think it’s important, so we’ll figure out if there are any allegations we think’.” It was at a time when the company issued an order to start work, violating the right to strike and using forced labor.” Regarding the fact that Deputy Prime Minister of Economy and Minister of Strategy and Finance Choo Kyung-ho said on the 4th, “I regret the FTC’s obstruction of the on-site investigation and will pursue it again with the police,” he said, “It was clearly revealed that this investigation was part of the government’s strike-breaking act.” .

There is no clear allegation… The government, ‘strong attack’ every day

The Korea Cargo Solidarity said that the Fair Trade Commission violated the principle of warrants under the Constitution and the principle of proportionality under the Fair Trade Act by requesting comprehensive data without specific charges. In the official investigation document, only ‘what laws are considered to have been violated’ are written, and ‘what acts have violated the laws’ are not written. The cargo union said, “The scope of the duty to cooperate is determined only when the alleged facts are specified in detail.” “The order to submit comprehensive documents without specifying the charges violates the principle of warrant for seizure under Article 12 of the Constitution and the principle of proportionality under Article 50 of the Fair Trade Act. violation”. The Fair Trade Commission requested 12 types of documents from the Busan Regional Headquarters of the Cargo Solidarity, including the articles of incorporation, internal rules, meeting minutes, a list of union members and those who have withdrawn, and payment of union dues.

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On the 4th, the 11th day of the cargo union general strike, cement transport vehicles are parked in a variable parking lot in Seohae-daero, Jung-gu, Incheon, where cement companies are gathered. Reporter Kim Chang-gil

The Korea Cargo Federation said, “Even in the light of other Fair Trade Act violation resolutions or examination reports, the list of those who have withdrawn or the list of union members is not within the necessary minimum range.” Information related to union membership, etc., cannot be provided to a third party as it is sensitive information under the Personal Information Protection Act.” Cargo Solidarity cited a Supreme Court precedent that considered the behavior of an employee who rejected an FTC investigator’s request to access an in-house communication network from another company in the past on the grounds of “protection of personal information” to be “justified.”

The Korea Cargo Workers’ Union said, “It is illegal and unreasonable in every way for the Fair Trade Commission to investigate the Cargo Workers Union for violating the Fair Trade Act at the time of the government’s order to start work on the strike on the safe fare system.”

The government strongly warned that the Korea Cargo Workers’ Union had blocked the Fair Trade Commission’s on-site investigation. On the 4th, Deputy Prime Minister Chu said, “I urge you to immediately respond to the on-site investigation,” and “we will continue to investigate whether the Fair Trade Act has been violated even after the collective transportation refusal is over.” The Cargo Solidarity said, “We are willing to cooperate with the investigation, but it is difficult to conduct an on-site investigation within the building due to the contents of the current investigation document.” The Fair Trade Commission is expected to attempt an on-site investigation into the cargo union on this day, the last day of the investigation.

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