Legal Verdict on JeonGyoJo's Unofficial Union Status to Be Announced Soon

Supreme Court Full Bench Holds Public Hearing Today
Decision Nears After 7 Years on KyoGyoJo's Deregistration Lawsuit
Labor Ministry Focuses on Legality of Teachers' Union Act

[Asia Economy Reporter Kim Hyung-min] The Supreme Court will provide a public forum to examine whether the notification of the illegal labor union status given to the Korean Teachers and Education Workers Union (Jeon-gyo-jo) by the government during the Park Geun-hye administration was lawful.

The Supreme Court en banc, consisting of Chief Justice Kim Myung-soo and 11 justices, will hold a public hearing on the "Cancellation of the Notification of Illegal Labor Union Status for Jeon-gyo-jo" case in the Supreme Court courtroom on the afternoon of the 20th. The en banc will listen to opinions from Jeon-gyo-jo, the Ministry of Employment and Labor, and legal experts, and reflect them in the ruling. The ruling is usually made within 3 to 5 months after the public hearing. This will conclude the case seven years after Jeon-gyo-jo filed the lawsuit.

In October 2013, Jeon-gyo-jo received a notification of illegal labor union status from the Ministry of Employment and Labor because nine dismissed teachers were included as union members. The government stated that it would not recognize Jeon-gyo-jo as a labor union under the Teachers' Union Act. As a result, Jeon-gyo-jo was pushed outside the legal framework after being legalized for 14 years. In response, Jeon-gyo-jo filed an administrative lawsuit and a request for suspension of effectiveness to cancel the notification.

The biggest issue in this case is whether the enforcement decree provision of the Teachers' Union Act, which the Ministry of Employment and Labor relied upon, is unlawful. If the provision is judged unlawful, the Supreme Court en banc will side with Jeon-gyo-jo. The provision stipulates that "if a labor union receives a certificate of establishment but there is a reason for rejection of the establishment report, a notification of illegal labor union status shall be issued," and includes the reason for rejection as "if the union allows non-teachers to join, it shall not be recognized as a labor union." Jeon-gyo-jo argues that this provision violates the principle of legal reservation (the principle that matters restricting citizens' rights or imposing obligations must be stipulated by laws passed by the National Assembly) and infringes on constitutional rights such as freedom of association.

Previously, legal organizations also submitted their opinions to the en banc. The Labor Law Research Institute Haemil stated, "The provision should be considered invalid as it lacks legal delegation," and added, "For notification of illegal labor union status, an examination of autonomy (subjectivity) should also be conducted." However, the Labor and Social Security Law Center of Korea University Law Research Institute argued, "The provision should be recognized as an executive order, and the current law's disqualification grounds can be formally and substantively applied to Jeon-gyo-jo." During this public hearing, experts from both sides will present their opinions. Professor Kang Sung-tae from Hanyang University Law Department will represent Jeon-gyo-jo, and Professor Lee Seung-gil from Ajou University Law Department will represent the Ministry of Employment and Labor.

This content was produced with the assistance of AI translation services.