Wednesday, September 10, 2008

Allianz Korea, Failure of customer focused management



There was a suspicion of Allianz Life Insurance “using illegally” the customers hundreds of millions by People’s Solidarity for Participatory Democracy in the mid of April 2008. Key issue is that the company sold the stocks of ‘Variable growth funds’, the customers’ asset unfairly to save the large amount of corporation tax. “Allianz disturbed the customers’ profit selling the securities in separate accounts to save the corporation tax” and “Allianz sold the stocks of Variable growth fund in separate accounts on March 2007 in favor of the company's profits intended to reduce the corporation tax by getting the best out of TLCF (Tax Loss Carrying Forward) that expiration is coming” said PSPD.

It is said on December 2007 “According to big law firm, accounting company and insurance industry concerned, many insurance companies dealing with variable products from 2002 reduced taxes by replacing the appraisal profit and loss of stocks and bonds with company’s loss (tax administration) and the amount of reduced tax is estimated at 2000 billion won.” (Daily Taxation, 2007.12.12). According to the life insurance companies’ declared information in FSS of 2005,2006, amount of subtracting appraisal losses from the appraisal profits of stocks and bonds in ‘separate accounts’ in Kyobo Life was 118.055 billions won (variable product- 117.71 billions, retirement annuity- 345 millions won) the highest. Daehan Life after Kyobo Life was the second, 104.8 billions won, after that ING Life was 41.5 billions, Miraeasset Life was 39 billions won, PCA Life was 29.3 billions won, Allianz Life was 29 billions won, Shinhan Life was 20.6 billions won, Samsung Life was 19.1 billions won, Prudential Life was 11.8 billions won (Daily Taxation, 2007.12.12).

Allianz internal secret documents also contained about this. According to this documents, Allianz disposed of customers’ funds discretionarily to make the most use of 'Tax Loss Carrying Forward (TLCF)'. When calculating the standard of assessment for the corporation tax, deficit occurred in last 5 years is possible to be deducted from the yearly income. This is 'Tax Loss Carrying Forward (TLCF)'.
Allianz took over Jeil Life Insurance with considerable loss in 1999 so Allianz could use TLCF. Actually Allianz Life Korea had losses of 197.6 billions won in 2002 and of 36.1 billions in 2003. The better sales since 2004, Allianz had profits; 75.6 billions in 2005, 47.4 billions in 2006, 202.3 billions in 2007 but Allianz didn't pay the corporate tax by using TLCF for 4 years. Although deductible profits after 2004 exceeded the losses of 2002,2003, Allianz didn't pay the corporate tax continuously. A licensed tax accountant said “ It is estimated that Allianz had hundreds of billions of losses before 2002.”

The problem is a suspicion of that the company sold the stocks and bonds in separate accounts of variable funds discretionarily not to pay the corporate tax. PSPD criticized that Allianz forged company’s profits by putting the profits from separate accounts into general accounts. Allianz had the corporate tax reduction and exemption because of losses of 2002 & 2003, even in 2007 it does not need to pay taxes for 200 billions profits. “ To get the best out of this, Allianz Life made 200 billions profits artificially by selling stocks in separate accounts of variable growth funds on March 2007” said PSPD (KBS board, 2008.4.22).

Monday, September 8, 2008

Allianz Korea is on strike for 231 days.



1,000 union members out of 1,300 are on strike against its management disruption, ignorance of Korean labor law Collective Agreement and against suspicion of illegal operating customer’s assets.

Union members are also on strike to make Allianz Korea protect their customer’s asset and be clean and ethical. (There are total 1,300 union members out of 1,700 employees in Allianz Korea)

German multinational group, Allianz Korea reduced its employees rather than creating employments and did tax evasion to maximize the profit of shareholders by disregarding for its social responsibilities and ethics. Is this understandable?

Allianz Korea prevented employees who demanded to respect the Collective Agreement legally from entering the company building by using gangsters and fired 100 employees.

Even more, Allianz Korea, financial service company, closed the company and established the steel structure around the Head Office building related to the company closure. If one company leaves their employees on the street ignoring their lawful demands for 5 months, is it a good and sound foreign company?

This kind of anti-national, anti-business company has to be punished by Korean Law, the management who committed illegal activities has to be punished and resigned.

Strike analysis of Allianz Korea(Similarities of Allianz and Lone Star)

Allianz Life Korea violated the agreement of union and management, tried to dismantle the union, executed illegal dismissals, company’s closure and had suspicions about training center remodeling and tax evasion raised by citizen’s group.

Allianz Life Korea was revealed the company of losing basic morality, and to be unfavorable and liquidated. Internal financial market was disordered by the violent foreign companies since IMF, labor intensities of laborers were worse enough to make series of death from work so, the laborers became miserable. And Lone Star, the principle offender of illegal selling Korea Exchange Bank is still resorting to trickery desperately to get more money. So, Financial Industries Unions emphasizes that there is no difference between labor and management to scrap out the risky investment like Lone Star or anti-labor, anti-national enterprise like Allianz Life.

[table]Similarities of Allianz & Lone Star
ClassificationLone StarAllianz KoreaRemark
NationalityUSAGermany
Launching time to KoreaOnly after IMF (1998)Only after IMF (1999)
CharacterMultinational CapitalMultinational Capital
Launching FieldFinanceFinance
ConcernProfits, RestructuringProfits, ?
Ranking4th of credit card industries4th of life insurance industries
Profit sourceProfit on sale (*)?(*) Estimated Profits of selling•Star Tower-280 billions won
•KEB-4300 billions won
Payment of the corporate tax0 won0 won
Tax evasionMethodCrafty sales of companyCrafty disposal of stocks
MeansOutwitting the Tax LawOutwitting the Tax Law
Issues occurred byCitizen GroupCitizen Group
Spec Watch KoreaPSPD
Accused suspicionTax evasionCorporate Tax evasion
Smuggling out foreign currencyViolation of Insurance Law
Purchasing foreign currency at low priceCorruption of training center
remodeling
StrikeStrike or notStrikeStrike
CauseReconstructuring (succession of employment)Performance related pay for reconstructuring
PeriodLong-termLong-term
Upper groupKCTUKCTU
Unfair labor practice of companyCriminal accusation for union executivesCriminal accusation for union executives
DismissalDismissal
Hiring hoodlumsHiring hoodlums
Substitution of laborSubstitution of labor
Notice of dismissalBy SMSBy SMS
ClosureRankingThe First in Financial industriesThe Second in Financial industries
Occupation of companyOccupation of the company (IT office)No occupation
Union officeNo trespassingNo trespassing
Dinning roomProhibitionProhibition
Private land?Establishing steel posts
ResultsDown of public imageCollapse of sales, Down of public image
Final resultsAgreement of union and management35% layoff (voluntary resignation)?

*Source: Allianz Korea Union Homepage.
http://www.allianzunion.or.kr/

Allian Korea, Truth and lies about Customers’ Money ‘badly management’




[photo :Allianz remodeling of training center was clearly shoddy and fault construction, typical corruption of our society like irrational selecting construct company of management]

Failure of anti-corruption & open and aboveboard management – Personal profit being the first, public profit being the second

Allianz Life Korea carried out the remodeling of training center located in Bongmu-ri, Namsa-myun, Yongin during 12.1st 2006~ 3.31st 2007. Mostly over 100 millions construction case, company should select construction company to fit in the certain conditions of company’s guideline.

But the company hired the small Daeim Total Construction Inc. that did not match with the company’s guideline for the 5.4 billions big remodeling project by ‘ illegal agreement’ and violated the Regulation of monopoly and oligopoly and Fair Trade Law and aroused suspicion of making the small Daeim Total Construction Inc. receive an order of the remodeling project at 4.8 billions won. (Referring the written accusation submitted to Seoul South District Court Seoul, 2007.11) Allianz Life Korea making mutual agreement of the building company pumped up a bill of construction cost and facilities’ prices. It was also formal supervision of the construction. On this process, they got billions of personal profits and Allianz got losses the same.

The company’s losses came back to shareholders (investors), customers (consumers) and employees (laborers). Even more, it caused severe fault construction of training center and additional costs for defects after the remodeling.

Allianz Life Insurance provides a valuation and selecting guideline of Construction Company on purchasing RGP as follows.
4.1. Valuation of Construction Company goes for negotiation according to the 4.1.1 or 4.1.2 guidelines of price, quality, service, technique and financial soundness.

4.1.1. Purchasing amount under 50 million won needs more than 2 companies’ estimate, Purchasing amount over 50 million won needs more than 3 companies’ estimate. Purchasing amount over 100 million won needs to progress multi companies’ competition.

4.2. Selection of Construction Company is computed by the standards of article 4.2.1 or the clause 4.2.2.

4.2.1. Select the lowest price under the same conditions.
4.2.2.If it is difficult to select the lowest price, Select the company by establishing a proper standard considering of qualities, services, techniques, financial soundness, contribution to Allianz, estimate prices.


And, According to purchasing RGP of Allianz Life Insurace, there are factors to write out the candidates list like below.

7.1. After completing the clause 15.0 normally, buyer makes lists of estimates’ companies with the standards bellow using the industry years of purchasing items, purchasing association, internet, buyer’s self-acquired information and other department’s information.

7.1.1. The existing company with corresponding business results over 100 millions won of year and excellent past results or excellent financial soundness, or

7.1.2. A company within sales ranking 30th passing over 3 years in their business and sustaining sound financial status past 3 years, or

7.1.3. A company having records of delivering goods to foreign company over past 3 years and excellent financial soundness

7.1.4. A company recommended by buyers sustaining sound financial status past 3 years

According to above company’s guidelines, it has to be considered price, quality, service, techniques, financial soundness and contribution to the company to select the constructer. But only the lowest price was considered in above remodeling project not quality, service, techniques, financial soundness and contribution to the company were considered which were also important.

Daeim Total Construction Inc. making a successful bid at 4.8 billions won for 5.4 billions remodeling of training center had 2.4 billions won of total assets, 1.31 billions of capitals and 4.9 billions total sales of 3years between 2003 and 2005 far from the remodeling amount. And Daeim Total Construction Inc. with 15 employees was small size and low assets compared to the size of remodeling construction, and had no business records with Allianz, even no records of remodeling constructions so its quality or techniques of remodeling constructions were not proved at all. Though it was made up to have multi round competitions in selecting the constructor, all 6 companies of multi round competitions were the partly in Kyungki-Do, putting in a rigged bid was still possible.

Woojung C&C supervising of remodeling in Seocho-Gu was owned by university fellow pupil of YUN Jae-Hoon who was submitted to a disciplinary measure about remodeling of training center. So there was a suspicion that selecting supervisory company was also connected to the defendant YUN Jae-Hoon, poor supervision of remodeling caused many flaws. ‘Internal audit’ of above remodeling of training center found that 800 ~ 1000 millions won was paid for the exaggerated construction cost or facilities’ prices. Over appropriating and paying of construction cost was confirmed by union lawyer interviewing the audit department. The audit department had no authorization of tracing accounts so couldn’t find the all money flow and use, the audit department after internal audit through legal consults dismissed the director of general affairs P who was in charge of above remodeling and requested the dismissal of K manager of purchasing department and Y vice assistant chief who conducted and supervised the remodeling construction to the company

As Allianz Union checked the results of remodeling training center, they found many flaws concerned with remodeling construction. BA World Plus Inc., the managing facilities company of training center required to mend flaws of 85 items on August 31st 2007 and seeing the photos of remodeling flaws by BA World Plus Inc., the shoddy and fault construction of training center could not be overlooked.

Like above, Allianz remodeling of training center was clearly shoddy and fault construction, typical corruption of our society like irrational selecting construct company of management, exaggerated construction expenses, absurd supervision of construction caused it. Shortly, the management of company using their positions misappropriated the customers’ money and it was a case of ‘ Corporate Social irresponsibility’

About this problem, the company announced “ Information for customers about union’s claim regarding with training center remodeling (finished on March 2007)” on April 25th 2008. The company refuted, “union’s claim of reckless management of customers’ assets in training center remodeling was not true” [deny]. So, the construction expenses came from where? The company explained “ Allianz Life Korea increased the capital of 150 billions won for rising BIS, investing IT infra, education from German Headquarter on March 2006, 5.4 billions of that capital was used for remodeling of training center” [distort]. And the company explained that they conducted internal audit for the suspicions of construction risen by union on March 2007 and found problems like ‘over appropriating expenses’, ‘fault construction’ and ‘flaws after remodeling’ and submitted concerned persons to disciplinary action. [divide, dominate]. Specially, the company stated that they sued the construction company for 185 millions won of exaggerated construction expenses in damages. [deny, deceive]. And the company ended that they would be “ the company of thinking customers of our top priority”.


Interestingly, document conflicting with above announcement was found in ‘CEO message’ of Manuel Bauer the last president on March 2006. That massage stated that German Headquarter would invest 150 billions won to prepare for the strong ‘BIS standard’ of FSS scheduled in 2007. And the message stated, “with this money the company would invest in securities to increase bonds’ portfolio duration” and the company already got approval of Headquarter. And predicted that Doing it would increase the financial stability, BIS up to 200% and improve returns rate of asset management. The company’s choice was conceited “Allianz Life Korea should act as a good enterprise for people”. The message last emphasized, “ Union, employees and management have to work with cooperation”

A decisive question is rising here. In ‘CEO message’ of 2006 March, the additional invested money was “for investing in securities to increase bonds’ portfolio duration” but in ‘message for customers’ of 2008 April, the money was “for rising BIS, investing IT infra, education”. [deny, deceive] Investing in securities is clearly not same with investing in education. The company has a responsibility to explain the difference of both. And also has to explain the relevance of rising BIS and investing in education.

Meanwhile, the company explained that as a result of internal audit, they submitted concerned persons to disciplinary action for ‘over appropriating expenses’, ‘fault construction’ and ‘flaws after remodeling’, but did the management really not know about this before internal audit? (That was conducted hurriedly just because of union’s expression of suspicions) [delay, distort] This part makes us wonder that observing ‘ethical standard’ is only for employees and customers but the management is the exception. Pretending not to know, blaming others and making ‘victims’ without confessing truth [divide, dominate] seemed difficultly to be the act of ‘ self-responsibility’ or ‘civil enterprise’. Can “Union, employees and management work with cooperation” in these circumstances? To pursue ‘sustainable development’ without ‘ethical sustainability’ will cause not coexistence and coprosperity but collapse of itself.

These situations are not matching with not only the ethical management slogan of ‘ Allianz Insurance, leading sound and justifiable culture of corporate ethics’ but also the guidelines of ‘Fairness’ and ‘Observation of Law’. And these situations are completely not matching with the action principle to use ‘Allianz Whistle’ for “the illegal and unfair business”.

Tuesday, September 2, 2008

Reason making Allianz Korea Strike a long-term


Starting from ‘ the conflict of performance related pay system’… Every critical moment, the company takes a strong line and the situation grows worse.

Strike of Life Insurance Union Allianz Life branch that was started last January with the conflict of performance related pay system became the 208th day on August 17.
It is an unexampled in the history of Allianz Life that had no strike for 47 years and the first strike continues over 200 days.

92 branch managers in strike was dismissed, JE Jong-Kyu the union president and a union member were arrested on suspicion of obstruction of business last May and released on bail recently.
Last month, hoodlums’ violence for the forced removal of strike tents made the relationship worse.
The company conducted ‘aggressive company closure’ only for the union members in the strike for 94 day.

△Dismissal• closure• arrest of union president •the forced removal of striking area•vicious circle of violence= Allianz joint struggle headquarters consisting of Democratic Labor Party, New Progressive Party, and Korean Federation of Clerical & Financial Labor Unions held the ‘Total resolution rally for the victory of strike’ last 14th at Allianz Yeouido head office. Negotiation party- Federation executive and other 9 negotiation members headed for the building lobby for negotiation after the rally.

But the company rejected to negotiate. The person concerned of company said, “ How can we talk with people who exercise the power in trust?” and “ They have to remove the illegal striking container first.” Negotiation party did sit-down demonstration at lobby for 30 minutes and had to fall back.

About the company’s claim of exercising power, most union members of the rally responded that the company with brazen cheek claimed it and it was absurd. According to the union, 30 union members were assaulted by hoodlums of the company in the violent conflict between union and the company last month 28th. Previously last month 26th dawn, 3 union members were assaulted and injured in the forced removal of striking tents. So the Civil Countermeasure Committee for settlement of Allianz Korea Strike accused JUNG Moon-Kuk Allianz President and people concerned with hoodlums of △ the law of act of violence and punishment △ robbery △violation of guard law to south district court on 29th.

Allianz Life conflict started from compulsory introduction of performance related pay and worrying about reconstruction became worse and worse with continuous violent collisions.

△The Department of Labor incited the long-term strike=After 3 months of strike, last April ‘mass dismissals’ of 92 branch managers was the first event to add fuel to the fire.
The company dismissed 99 branch managers last April 1st based on the authoritative interpretation of Seoul Labor Office “ Branch managers are the representatives of company interests, so they are excluded from union members in collective agreement.”

The Department of Labor provided the critical reason to fire branch managers.
Previously March 25th, LEE Young-Hee the minister of labor reported that Allianz branch managers were ‘not qualified to be union members’ Cabinet council.

But the Department of Labor declared the ‘no intervention’ through ‘ The stance of labor department about Allianz Life strike’ on April 23th. And the Department of Labor claimed “ the minister said that branch managers were not qualified to be union members to protect them from disadvantage.” In the event, ‘the concern’ of the Department of Labor caused massive dismissal of branch managers and the relationship between Allianz and union started to be worse.

Decision of the provisional disposition of the company by the south district court of Seoul on May says “although there is an article in the collective agreement to rule out the branch managers from union members, this article is just about the application scope of collective agreement” and “the branch managers joining the union cannot be rejected by this article” and it attracted public attention.

At that time Allianz union welcomed “ This decision confirmed that the administrative interpretation and guideline of Labor Department for performance related pay & branch mangers joining the union was wrong and prejudiced.” JEON Dae-Suk the head of Allianz Struggle Committee rebuked, “the careless judgment and intervention of Labor Department made the strike longer”

△Multinational Corporation Allianz, Where is ethical management? = Allianz is the biggest German nonlife Insurance company and started its business, Allianz Life Korea – the local corporate, in Korea taking over Jeil Life Insurance in 1999 July at the time of economic crisis. Allianz group attracted public attention that it was the M&A of financial corporate without investment of public finance. Completely different with German advanced relations between labor and capital, Allianz in Korea showed its relations.

According to UNI Korea Allianz held the big forum for ethical management and corporate social responsibility recently. Ethical management in Germany and Korea is going to the exact opposite.

LEE Byung-Hoon the professor of ChungAng University said,” The union is struggling but still the laborer power is not strong enough like Germany or Europe and the system is insufficient, so the things observed in Germany are not observed in Korea.” Professor LEE also decried “ Allianz emphasizes the social responsibility and it must not be stopped only in PR.”