Labor minister says enforcement decrees under review to clarify 'yellow envelope law'

Minister of Employment and Labor Kim Young-hoon said Wednesday that the government is reviewing enforcement decrees and ministerial rules — not just administrative guidelines — to spell out the scope of labor disputes and employer liability under the so-called yellow envelope law, the amendment to Articles 2 and 3 of the Trade Union and Labor Relations Adjustment Act.

On the question of easing the 52-hour workweek for research and development staff at the Honam semiconductor mega special zone, Kim said no government decision had been reached, adding that he would seek a solution that raises both worker protection and corporate productivity.

At a plenary session of the National Assembly's Climate, Energy, Environment and Labor Committee on Wednesday, People Power Party lawmaker Na Kyung-won asked Kim about reports that President Lee Jae Myung had instructed the ministry to revise subordinate legislation, saying the law was too vague. Kim said the ministry was "reviewing all available options, including enforcement decrees and ministerial rules."

Earlier, the Ministry of Employment and Labor had been considering drafting administrative guidelines to reduce confusion over the amended trade union law, covering criteria for determining the scope of labor disputes and employer status. Kim said, however, that President Lee had called for more concrete institutionalization at Tuesday's Cabinet meeting.

"When I briefed him, I reported that we would proceed with guidelines," Kim said. "But at Tuesday's Cabinet meeting, he gave the instruction again — he said he wanted something more concrete than guidelines, not just a measure to resolve the ambiguity."

The yellow envelope law broadens the definition of "employer" and expands the scope of labor disputes to include management decisions that affect working conditions. Business groups have warned that vague boundaries around employer status and the scope of disputes could cause confusion on the ground.

Na also raised constitutional concerns, saying the law itself "is written in vague terms and the employer-status provision needs to be clarified," but warning that "if the government sets standards through subordinate legislation without a specific delegation clause in the law, it could trigger a constitutional challenge."

The central question going forward will be how much detail the government can embed in enforcement decrees and ministerial rules. If the government sets new standards that go beyond what the law prescribes, a dispute over the limits of delegated legislation is likely to follow.

Kim was equally cautious on the question of a 52-hour workweek exemption for the Honam semiconductor mega special zone.

When Na asked whether the government's position was to exempt research workers at the mega zone from the 52-hour cap, Kim said "nothing has been decided by the government yet." He added that he would look for a solution that takes into account both worker protection and improvements in corporate productivity.

Ruling party lawmakers pressed for the project's success, calling the mega zone essential for revitalizing regional economies and creating quality jobs. When Democratic Party of Korea lawmaker Kim Tae-seon said he hoped the mega zone would "breathe life into the regional economy and create good jobs for workers," Kim Young-hoon said there was "no disagreement that the mega zone must succeed."

"I will think hard about solutions that protect workers while also raising corporate productivity," Kim said. "I will communicate with labor and with business alike, understand what companies need, and ultimately make sure this contributes to the development of the country."

On the reported rift between the Ministry of Trade, Industry and Energy and his own ministry, Kim said the divergence was "natural." Responding to People Power Party lawmaker Lee Heon-seung, who asked about the persistent inter-agency discord, Kim said the trade minister's position was that South Korea needed to move fast given rapidly catching-up rivals such as China, while his own concern was "whether that approach would actually help raise industrial competitiveness."

"As Cabinet members we may be voicing different views, but I believe our ultimate goal is the same," Kim said. "When it comes to nurturing the semiconductor industry and developing the country into a nation of decisive technological leads, the labor minister and the trade minister cannot be pulling in different directions."

Kim said he would move quickly to align the government's position. "The reason we need to uphold basic labor rights is to sustain top talent — it is absolutely not because I come from a labor background and want to make things difficult for companies," he said. "It is not right for members of the government to keep speaking with different voices, so I will make sure we hold discussions and set a clear direction as soon as possible."