Industry-wide Union Workplace Safety Inspection… Supreme Court "Legitimate Activity"

Metalworkers' Union Officials Who Inspected Yuseong Corporation Factory Confirmed 'Not Guilty'

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has ruled that the act of senior officials of higher-level industrial unions entering individual company workplaces without permission is a legitimate union activity.

On the 14th, the Supreme Court's First Division (Presiding Justice Kwon Soon-il) confirmed the lower court's acquittal in the final appeal of two Metalworkers' Union officials, including Mr. A, who were charged with violating the Act on the Aggravated Punishment, etc. of Specific Crimes (joint trespassing).

Mr. A and others had been on trial for entering the Yuseong Corporation factory without authorization in March 2015 to collect evidence of violations of the Industrial Safety and Health Act, despite not being employees of Yuseong Corporation.

The company argued that the Metalworkers' Union's activities were illegal based on the 2012 collective agreement, which limited union members allowed to enter the company during disputes to company employees only.

The first trial court acquitted Mr. A and others, stating that their actions were necessary for maintaining and improving working conditions and enhancing workers' economic status.

Regarding the collective agreement cited by the company as grounds for guilt, the court did not recognize its validity, citing a ruling that declared the establishment of the Yuseong Corporation union, which led the collective agreement, null and void. The Metalworkers' Union filed a lawsuit in April 2016 to confirm the invalidity of the union established by Yuseong Corporation, which was ruled in their favor in the first trial.

The second trial court upheld the first trial's decision and dismissed the prosecutor's appeal. The prosecutor appealed again, but the Supreme Court also dismissed the appeal.

The Supreme Court stated the reason for the ruling: "Considering that Metalworkers' Union officials had previously visited the factory for the same purpose and conducted on-site inspections, it is recognized as a necessary union activity for maintaining and improving working conditions."

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