[Op-Ed] Illegal Union Militancy Undermines the Free-Market Order and Stifles Business Activity

In 2023, the number of workdays lost due to industrial action reached about 1.31 million, more than doubling in just one year

More than 60% of the public say strict enforcement of the law is needed against illegal acts by labor unions

Legal industrial action should be guaranteed, but illegal strikes and obstruction of business must be met with immediate law enforcement and accountability

Labor struggle is a right guaranteed by the Constitution, but the moment it undermines the rule of law, it loses its legitimacy. The three basic labor rights are a means of protecting workers’ rights and interests, not a privilege that can be exercised above the law. Nevertheless, illegal strikes and militant group actions have recently been repeated in Korean society, shaking the overall legal order. It is now time to move away from the practice of unconditionally defending labor struggles and reassess them according to the standards of the rule of law.

Recent labor disputes have been evolving less as an exercise of rights and more in a direction that imposes social costs. According to the Ministry of Employment and Labor, the number of workdays lost due to industrial action in 2023 was about 1.31 million, more than doubling in one year. This shows that labor struggles are burdening not only industrial sites but the broader national economy. In particular, strikes in key infrastructure industries pass the damage directly on to the public.

At the heart of the problem is the reality that illegal industrial action by labor unions is repeatedly occurring without being properly controlled. Workplace occupation, blocking access, and interference with replacement labor are clearly illegal, yet in practice they are carried out almost as a matter of routine. Such acts clearly fall outside the scope of labor rights protected by the Constitution. Struggles that place themselves above the law cannot be justified on any grounds.

The truckers’ union strike illustrates the harm caused by illegal labor struggle in stark terms. During the 2022 strike, logistics centers were blocked and transportation was disrupted, and the Korea Institute for Industrial Economics and Trade estimated the economic losses at about 1.6 trillion won per day on average. This was a case in which the property rights and livelihoods of the broader public were infringed for the demands of a particular union.

An even greater problem is the atmosphere in which such illegal acts are effectively tolerated. The more passively the government and judicial authorities respond, the more illegal labor actions are repeated and expanded. According to a survey by the Korea Employers Federation (KEF), more than 60% of the public said strict law enforcement is necessary against illegal acts by labor unions. This means that the current labor order is out of step with the public’s common sense.

Illegal union struggles undermine the free-market order and discourage business activity. Unpredictable strikes and occupations worsen the investment climate and lead to job losses. The irony is that, under the banner of protecting workers, the very foundation of employment is instead weakened. Labor struggle without the rule of law never truly helps workers either.

The direction for improvement is clear: establish a zero-tolerance principle toward illegality. Legal industrial action should be guaranteed, but illegal strikes and obstruction of business must be met with immediate law enforcement and accountability. The incentives for illegal acts must be eliminated by making claims for damages and criminal liability a real possibility.

In the end, protecting labor rights and establishing the rule of law is not a matter of choice but a matter of precondition. Only labor struggles conducted within the bounds of the law can possess social legitimacy. Unless illegal strikes are firmly rejected, structural improvement in labor issues will be impossible. For a free market and a sustainable labor order, restoring principles grounded in the rule of law is more important than anything else.

Yuna Kim, Intern Researcher, Center for Free Enterprise (CFE)

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Original title: [칼럼] 노조 불법 투쟁, 자유시장 질서 훼손하고 기업 활동 위축

Author: Yun-a Kim

Date: 2026-07-15

Source: https://www.cfe.org/bbs/bbsDetail.php?cid=free_opinion&pn=1&idx=29279