Court Grants Samsung Electronics Injunction Restricting Key Strike Actions

Safety facilities, wafer-protection work and facility occupation all restricted

A court in Suwon on May 18 granted Samsung Electronics Co.’s request for a preliminary injunction against what it called illegal strike actions by the Samsung Electronics branch of the Korean Metal Workers’ Union and others. The court accepted all of the company’s main requests, including maintaining safety facilities, continuing work to prevent wafer deterioration and barring occupation of facilities.

The 31st Civil Division of the Suwon District Court, presided over by Senior Presiding Judge Shin Woo-jung, said in the first part of its order that safety and protective facilities, including disaster-prevention, ventilation and drainage systems, must be maintained and operated during any strike at the same staffing levels, operating hours, scale and duty of care as on ordinary weekdays, weekends and holidays. The court interpreted “normal maintenance and operation” under Article 42, Paragraph 2 of the Trade Union and Labor Relations Adjustment Act to mean the same level as before the labor action.

In the second part of the order, the court recognized work to prevent damage to production facilities and wafer deterioration as maintenance work under Article 38, Paragraph 2 of the same law. It ruled that those tasks must continue during a strike at the same level as usual. The decision accepted Samsung Electronics’ argument that wafers could be compromised if the work is interrupted.

In the third part, the court barred the Samsung Electronics branch of the Korean Metal Workers’ Union and branch chief Choi Seung-ho from occupying the company’s facilities under Article 42, Paragraph 1 of the law.

The court did not issue a separate occupation ban against the National Samsung Electronics Union and Woo Ha-kyung, senior vice chairman and acting chairman. It said that did not mean occupation was permitted, only that the likelihood of such action was not high enough to warrant a separate order.

The court also imposed indirect compulsory fines for violations. Each union must pay Samsung Electronics $72,500 a day for each violation, while Choi and acting Chairman Woo must each pay $7,250 a day.

The decision came three days before a planned general strike on May 21. With the court granting most of Samsung Electronics’ key requests, the ruling sharply limits how the strike can be carried out and how broadly it can be expanded.

Heo Ran, Hankyung.com reporter why@hankyung.com