A court has imposed restrictions on the general strike planned by the Samsung Electronics Union. The Suwon District Court ruled that, considering the nature of semiconductor processes, wafer management and safety-related tasks must be maintained at normal levels even during strike actions. This decision comes as the union has announced a general strike starting on May 21, and it is expected to impact ongoing labor negotiations.
On May 18, the court's Civil Division 31, led by Chief Judge Shin Woo-jung, partially granted an injunction filed by Samsung Electronics against the Samsung Electronics branch of the Samsung Group Corporate Labor Union and the National Samsung Electronics Labor Union, prohibiting illegal strike actions.
The court stated that the union is obligated to maintain staffing levels, operating hours, and operational scale equivalent to normal weekdays or weekends during the strike period. It also recognized the disaster prevention and drainage facilities claimed by Samsung as safety protection facilities under labor law, noting that failure to maintain these facilities could pose significant risks of explosion or toxic gas leaks.
The court classified wafer management tasks as essential security operations that cannot be halted during a strike. These security operations include managing internal piping, handling cleaning agents for mask cleaning equipment, monitoring wafer discharge and congestion, overseeing process defects, and managing AI center systems.
The court explained that due to the continuous operation of the semiconductor process and the characteristics of wafers, any delay in subsequent processes could lead to significant risks of wafer degradation. It warned that even temporary shutdowns could result in substantial losses, including yield declines and reactivation costs.
The court pointed out that even if wafer-related tasks are based on active production activities, a halt in these tasks could lead to the degradation or spoilage of raw materials and products, which the labor law aims to prevent.
In response to the union's demand to halt the input of new wafers, the court noted that this implied a stance of "If we strike, reduce our workload, and then there will be no issues," which directly infringes on the employer's freedom to operate and business rights.
Considering Samsung's significant role in the global semiconductor supply chain, the court stated that damage to facilities or degradation of raw materials and products could lead to production delays in related industries such as automotive, home appliances, and information technology. This could result in significant harm or imminent risks that cannot be remedied through monetary compensation.
The court also prohibited the Samsung Electronics branch of the corporate union and its head, Choi Seung-ho, from occupying or locking down facilities or obstructing worker access. However, it did not accept a separate injunction request against the National Samsung Electronics Labor Union and its acting chair, Woo Ha-kyung.
Samsung's requests to prohibit member intimidation, calls to participate in the strike, and to prevent interference with employees were denied.
The court ordered indirect coercion in case of violations of its decision. If the union violates the obligations to maintain safety protection facilities and security operations or the prohibition against occupation, it will be required to pay 100 million won per day for violations, while Choi and Woo will each owe 10 million won.
This ruling is seen as imposing some restrictions on the union's general strike methods. However, as the strike itself is not limited for members outside of key process personnel, the potential for production disruptions remains.
Meanwhile, Samsung Electronics and the union are engaged in last-minute negotiations under the mediation of the Central Labor Relations Commission on the same day. The union has announced its intention to begin the general strike on May 21.
* This article has been translated by AI.
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