Jinju:<Text>

A member of a subcontractor union tragically died during a strike outside a CU logistics center in Jinju, South Gyeongsang Province. The incident occurred when unionized truck drivers, part of the Korean Confederation of Trade Unions, attempted to block a nonunion cargo truck, leading to one fatality and injuries to two others.

According to Yonhap News Agency, this marks the first fatal incident since the "Yellow Envelope Act," or the revised Trade Union and Labor Relations Adjustment Act, came into effect on March 10. The revised act's vague employer definitions have caused widespread confusion at labor sites. The truck drivers are urging BGF Retail, the operator of the CU convenience store chain, to recognize its role as their employer due to its control over logistics operations, necessitating collective bargaining for improved working conditions.

BGF Retail, however, disputes this claim, citing that the drivers' contracts are with transport c ompanies, not directly with CU or its logistics centers. The company insists it will not engage in collective bargaining until formally recognized as an employer by the authorities. In response, BGF Retail has attempted to maintain operations using substitute vehicles.

The truck drivers initiated an indefinite general strike on April 7, blockading four logistics centers nationwide, and have extended their protest to include a BGF Food factory in Jincheon, North Chungcheong Province. On the day of the accident, police were present to ensure road access remained unobstructed. According to police, the fatal incident happened when union members moved into the path of a replacement truck.

Criticism has arisen regarding the legality of the blockade, which was conducted without seeking a ruling from the regional labor relations commission on employer status. Such actions are seen as illegal workplace occupations and obstruction of business, punishable under the law.

<P >The core of the dispute is whether the main contractor should be classified as an employer under the Yellow Envelope Act, which defines an employer as any entity with substantial and concrete control over working conditions, regardless of contractual ties. The lack of clarity in this definition has led to confusion and disputes.

Since the act's implementation, approximately 147,000 subcontractor union members have sought collective bargaining with 370 primary contractors. Companies face increasing complexity in negotiating with multiple unions due to unclear criteria for determining employer status. This inconsistency is exemplified by differing rulings from regional labor relations commissions on similar cases involving the Korea Tower Crane Operators' Trade Union.

Prime Minister Kim Min-seok recently emphasized the need to limit the scope of employer status in both government and private sectors. This incident underscores the necessity for comprehensive revisions to t he law to prevent further conflict and ensure clearer guidance on employer status.

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