Supreme Court to Deliver Ruling on Cancellation of JeonGyoJo's Non-Union Status on the 3rd of Next Month
[Asia Economy Reporter Baek Kyunghwan] A conclusion will be reached on whether the notification of the National Teachers' Union (Jeon-gyo-jo) as an illegal union was lawful. It has been over seven years since Jeon-gyo-jo received the illegal union notification during the Park Geun-hye administration.
The Supreme Court will deliver a ruling at 2 p.m. on the 3rd regarding the appeal trial filed by Jeon-gyo-jo against the Minister of Employment and Labor, requesting the cancellation of the illegal union notification.
Jeon-gyo-jo received the illegal union notification from the Ministry of Employment and Labor in October 2013, 14 years after its legalization, because nine dismissed teachers were union members.
In response, Jeon-gyo-jo immediately filed an administrative lawsuit and a request for suspension of effectiveness to cancel the illegal union notification. Jeon-gyo-jo won all provisional injunction lawsuits, but lost both the first and second trials in the main lawsuit.
The issue centers on the provision in the Teachers' Union Act and the Labor Union Act stating that "if persons who are not teachers are allowed to join, the organization shall not be regarded as a labor union." The Ministry of Employment and Labor cites this clause as the basis for the illegal union notification.
Jeon-gyo-jo argues that to deprive the union of its legal status, it is necessary first to examine whether the autonomy of the entire union was infringed by the membership of dismissed teachers. On the other hand, the Ministry of Employment and Labor contends that the illegal union notification is a legitimate enforcement order and, even if considered a discretionary act, it is not excessive.
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Meanwhile, the plenary session ruling will be broadcast live through the Supreme Court channels on YouTube, Facebook, and Naver TV. The Supreme Court plans to broadcast all future plenary session rulings online through the same channels.
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