JeonGyoJo and Ministry of Employment and Labor Engage in Sharp Dispute at Supreme Court Over 'Illegal Union' Ruling

[Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] The Korean Teachers and Education Workers Union (JeonGyoJo) and the Ministry of Employment and Labor engaged in a sharp dispute over the notification of non-legal union status issued during the Park Geun-hye administration.

The Supreme Court en banc, consisting of Chief Justice Kim Myung-soo and 11 justices, held a public hearing on the "Cancellation of the Notification of Non-Legal Union Status for JeonGyoJo" case on the afternoon of the 20th in the Supreme Court courtroom.

In October 2013, JeonGyoJo received a "notification of non-legal union status" from the Ministry of Employment and Labor because nine dismissed teachers were included as union members. This meant that JeonGyoJo would no longer be recognized as a labor union under the Teachers' Union Act. As a result, JeonGyoJo was pushed outside the legal framework after being legalized for 14 years. In response, JeonGyoJo filed an administrative lawsuit and a request for suspension of effectiveness to cancel the notification.

JeonGyoJo won all provisional injunction lawsuits, but lost in both the first and second trials of the main lawsuit.

The plaintiff side, JeonGyoJo, argued that the rights of an already established labor union cannot be restricted by enforcement ordinances instead of laws.

They claimed this violates the principle of legal reservation, which states that matters restricting citizens' rights or imposing obligations must be regulated by laws passed by the National Assembly.

The representative for JeonGyoJo pointed out that "restrictions on the rights of unions at the establishment stage are based on laws, but unions after establishment are notified as non-legal unions based on enforcement ordinances," highlighting the lack of legal grounds for the notification of non-legal union status.

He added, "The old Labor Union Act had provisions for union dissolution, and even during the military regime, legal restrictions were only imposed based on this law," presenting photos from the forced dissolution of the Cheonggye Clothing Union in the past.

He also noted that restricting union rights by enforcement ordinances, rather than laws, was something not even done during the military regime.

On the other hand, the Ministry of Employment and Labor (defendant) argued that the notification of non-legal union status for JeonGyoJo is merely a request to promptly restore legal status and does not impose new obligations.

The ministry's representative emphasized, "According to the Labor Union Act, administrative authorities must accept union establishment reports within three days, so if JeonGyoJo files a correction report, the effect of the notification could last only a few hours."

They argued that the request is to comply with the provisions of the Teachers' Union Act and the Labor Union Act, which state that "if non-teachers are allowed to join, the union will not be recognized as a labor union," and that the purpose is not to restrict rights.

They further explained, "The provisions of the Teachers' Union Act are clear legal content with no room for alternative interpretation," and "the administrative authority has no choice but to declare that JeonGyoJo (which includes dismissed teachers) is not recognized as a teachers' union."

The notification of non-legal union status for JeonGyoJo is not an act that can be done at the discretion of the administrative authority but is a clear enforcement order that must be narrowly interpreted based on law and is a 'mandatory act.'

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