Revising the ‘Yellow Envelope Act’: Exploring the Impact on Labor Relations and Striking Rights

2023-07-01 20:01:56

At the plenary session of the National Assembly on the afternoon of the 30th, Environment and Labor Committee Chairman Park Jeong explains the reason for the request for the revision of the ‘Yellow Envelope Act’ (trade union and labor relations adjustment act). yunhap news
The ‘Yellow Envelope Act’, which includes contents such as expanding the scope of legal strikes by unions and limiting companies’ claims for damages for losses caused by strikes, was introduced to the plenary session of the National Assembly on the 30th. Although it did not lead to the proposal, it is expected that it will be passed led by the opposition party in the next session at the earliest. Following the Grain Management Act and the Nursing Act, it is expected that the strong political situation of ‘passing alone by the opposition party → exercising the right to veto the president (request for reconsideration)’ will be reproduced again.

There are concerns that the ruling party is showing a helpless appearance again without doing anything in the midst of a clash between the huge opposition party and the president. At the time of the establishment of the veto power of the Grain Management Act and the Nursing Act, the ruling party referred to the “request of the right to veto” from the beginning, leaving the burden on the president and practically only looking at it. There is a voice within the ruling party that all countermeasures such as filibusters and out-of-field struggles should be mobilized this time.

The National Assembly decided to submit the Yellow Envelope Act to the plenary session at the plenary session on this day with 178 votes for approval, 4 votes against, and 2 votes invalid among 184 lawmakers present. Deliberation means that the agenda is in a state where the agenda can be deliberated at the plenary session. The Democratic Party can vote and pass the bill whenever it wants. The power to present the agenda rests with the Speaker of the National Assembly, but it is possible without the consent of the Speaker through a motion to change the agenda.

At this plenary session, only a vote was decided, and the presentation of the bill was postponed to the next session. The Democratic Party also considered a plan to attempt a proposal and a vote following deliberation, but decided to leave room for negotiations with the ruling party. However, as both the ruling and opposition parties are firm in their positions, the possibility of passing the agreement is very low.

All members of the People’s Power left without participating in the vote as a sign of opposition. After the main meeting, they gathered in the Rotender Hall of the main building and held a condemnation rally. Floor leader Yoon Jae-ok criticized, “The Democratic Party did not stop legislative runaway until the end of the extraordinary National Assembly in June.”

If the Yellow Envelope Act passes the National Assembly in the next session, it will be the third bill to be enforced by the opposition party alone, following the Grain Management Act and the Nursing Act. The Grain Management Act and the Nursing Act passed the National Assembly, but after the President exercised his veto, they returned to the National Assembly and were finally rejected. The yellow envelope law is expected to go through the same process.

In this process, there are concerns that the appearance of the ‘powerless ruling party’ will be reproduced. Previously, the ruling party only watched the passage of the National Assembly by the opposition party in the’veto power’ of the Grain Management Act and the Nursing Act. At the time, inside the people’s power, “If the Democratic Party was a minority party, it would have sat in the rotender hall and started a sit-in right away.” did.

A first-time member of the ruling party said, “In fact, the Democratic Party can’t stop pushing. It’s trying to label it as a ‘president with the right to veto’.” Even if there is no way to stop it, it seems so helpless and powerless.”

Although the president’s right to veto is like a ‘last bastion’ for the government to check the National Assembly, it has already been exercised twice only in the Yoon Seok-yeol administration. Looking at the history of exercising the right to veto by regime after democratization, Roh Tae-woo (7 cases), Roh Moo-hyun (6 cases), Park Geun-hye (2 cases), and Lee Myung-bak (1 case) are in the order of former presidents. Former presidents Kim Young-sam, Kim Dae-jung, and Moon Jae-in had ‘zero’ vetoes during their tenure.

In particular, this time, it is a burdensome situation for the president to exercise his veto power. This is because the Supreme Court recently issued a ruling similar to the Yellow Envelope Act in a lawsuit filed by Hyundai Motor Company against union members for damages, saying, “When holding individual union members who participated in a strike responsible for compensation for damages, they must be individually assessed in consideration of the extent of their actions.” .

An official from the People’s Power said, “There is also a recent Supreme Court ruling (with a similar purpose to the Yellow Envelope Act), so it can be burdensome to exercise the right to veto like other bills.” said.

As if conscious of this, the people’s power leadership is in a position to mobilize all possible means this time. Representative Yoon Jae-ok met with reporters after the condemnation rally that day and said, “First of all, we plan to do a filibuster before the right to request a reconsideration (to the president).” If it is not possible, of course we will consider even the last resort (suggesting the right to request reconsideration to the president).”

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