Brake on Samsung Bio's Second Strike… Court Rules "All Production Processes Must Operate Normally"

A brake has been put on the second general strike by the Samsung Biologics Coexistence Labor Union (union). The court ruled that even if the union strikes, Samsung Biologics' production processes must operate normally. It appears that revisions to the union's general strike plan will be necessary.

According to industry sources on the 17th, on the 16th, the First Civil Division of the Incheon District Court under the Seoul High Court issued a decision granting an injunction against labor disputes in all production processes in the appeal hearing for the application filed by Samsung Biologics.

The court determined that the entire production process for which Samsung Biologics applied to prevent illegal labor dispute actions falls under "security work," defined as operations to prevent the deterioration or spoilage of raw materials and products. Accordingly, it was decided that normal business operations must be carried out as usual even during the period of labor dispute actions.

In accordance with the court's ruling, for all nine processes applied for by Samsung Biologics (△flask culture △bioreactor culture △recovery △medium manufacturing and supply △chromatography △virus filtration △concentration and buffer exchange △bulk filling △buffer manufacturing and supply), the union must maintain and perform the same personnel levels, operating hours, operating scale, and duty of care as usual even during the strike period.

Of the nine processes, the latter three (△concentration and buffer exchange △bulk filling △buffer manufacturing and supply) had labor dispute actions prohibited in the court's first-instance decision on April 23. Following this ruling, the scope of prohibited labor dispute actions has been expanded to all nine processes.

Previously, the Samsung Biologics union announced that it would launch a second general strike for three weeks starting from the 26th. This is intended to increase the scale of collective action and pressure management, following the full-scale strike conducted from May 1 to 5. The Samsung Biologics labor and management sides have failed to narrow their differences over issues such as the fixed salary raise rate and the payment of performance bonuses equivalent to 15% of operating profit.

With this court ruling, it is expected that the Samsung Biologics union's general strike plan will inevitably face difficulties. In response, the union side stated, "Although a different decision was made than in the first instance, it appears possible to achieve the essential purpose of the strike based on an interpretation of the decision document," adding, "This is because production with new assignments can still be halted from the point when the strike begins, and the decision document states that the effects of the strike will only appear with a delay, not disappear."

It further stated, "However, while a strike requires a certain degree of suddenness, it is somewhat regrettable that a ruling was made that cannot achieve such a purpose," emphasizing, "Only a strategy different from before is needed; since there has been no comprehensive restriction on the strike, the execution plan for collective action remains unchanged."

It continued, "However, because an understanding of the decision document's interpretation and a change in strategy are necessary for union members, the rally scheduled for the 21st of this month has currently been canceled," adding, "The situation is such that there is a high possibility of changing the strike start date of the 26th of this month, but no specific revised schedule has been set."

The Samsung Biologics side stated, "We are grateful for the court's wise judgment," and added, "Samsung Biologics will continue to make efforts toward a coexistence-based labor-management relationship."