On May 18, the Suwon District Court's Civil Division 31, led by Judge Shin Woo-jung, granted most of Samsung's injunction against the union's planned strike activities.
The court cited Article 38, Section 2 of the Labor Union Act, which mandates that operations to prevent damage to work facilities or deterioration of materials and products must continue normally even during disputes. The court defined "normal" operations as maintaining the same conditions as during regular times, without any significant changes or disruptions.
Consequently, the court ordered the union to maintain staffing levels and operational capacity for safety measures, damage prevention, and wafer preservation at the same levels as on regular weekdays and weekends. Any actions to halt or obstruct these operations, as well as any coercion of union members to do so, were also prohibited.
To ensure compliance with this decision, the court imposed substantial financial penalties. If the union violates the ruling, it will be required to pay Samsung between 200 million and 300 million won per day, while individual union leaders face penalties of 20 million to 30 million won daily for any breaches.
The court emphasized the global significance of the semiconductor industry, noting that damage to precision semiconductor facilities could incur enormous costs and time for recovery. It stated that production disruptions could lead to significant losses across various sectors, including automotive, home appliances, and information technology, which cannot be compensated through monetary damages.
However, the court did acknowledge some basic rights of the union, rejecting certain claims from Samsung, such as prohibiting the use of threats during efforts to persuade members to join the strike and requests to ban the occupation of certain facilities.
In response to the court's ruling, the union decided not to file an immediate appeal. It stated that it would prepare for a lawful strike within the boundaries permitted by the law. The union had previously announced plans for a large-scale strike involving about 50,000 participants, set to begin on May 21 and last for 18 days.
Currently, Samsung Electronics and the union are engaged in final negotiations at the Central Labor Relations Commission regarding improvements to the performance bonus system. The union is demanding the elimination of the performance bonus cap and a formalization of calculations based on operating profits, while the company has promised top-tier compensation but has shown reluctance to institutionalize these changes.
The government is closely monitoring the negotiations to facilitate a smooth resolution. Prime Minister Kim Min-seok indicated in a recent public address that all possible measures, including urgent mediation, would be considered to protect the national economy.
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.