The Day of Fate for JeonGyoJo... Verdict After 7 Years

Lawsuit Challenging Notification of Illegal Union Status; If Lost, Use of Name and Exercise of Rights Prohibited

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court's full bench will deliver its final ruling on the legality of the Korean Teachers and Education Workers Union (JeonGyoJo) on the 3rd. This comes more than seven years after JeonGyoJo filed a lawsuit in objection to the Ministry of Employment and Labor's notification of 'illegal union' in October 2013. Although JeonGyoJo lost in both the first and second trials, if the Supreme Court overturns the decision, JeonGyoJo will regain its union status.

The Supreme Court's full bench will hold a special session at 2 p.m. in the grand courtroom to announce its verdict on the appeal filed by JeonGyoJo against the Ministry of Employment and Labor, requesting the cancellation of the 'illegal union' notification. The key issue is the provision in the Teachers' Union Act and the Labor Union Act stating that "if non-teachers are allowed to join, the organization shall not be considered a labor union." The lower courts accepted this argument, resulting in JeonGyoJo's defeat.

If the Supreme Court rules, as the lower courts did, that JeonGyoJo is an 'illegal union,' JeonGyoJo will no longer be allowed to use the name 'union.' Its legal status will change to a general corporation, and continuing to use the name 'labor union' will result in penalties.

An illegal union cannot exercise various rights guaranteed to unions under the Constitution and laws. These include filing unfair labor practice relief applications, collective bargaining, and concluding collective agreements. Some teachers who worked as full-time union officials must return to their schools, and JeonGyoJo will not be able to collect union activity fees from teachers' wages. Additionally, the rental deposit for union offices and other support funds will be discontinued.

On the other hand, if the Supreme Court rules in favor of JeonGyoJo, it will be recognized as a formal union and can maintain various statuses. Restoration can be almost immediate by submitting the relevant administrative procedures through the Ministry of Employment and Labor. However, legal circles predict that if the Supreme Court concludes that the lower courts' decisions were wrong, it is more likely to remand the case rather than immediately rule in favor of JeonGyoJo. In that case, a retrial will be held at the Seoul High Court.

Even if JeonGyoJo loses at the Supreme Court, there remains a path to restore its formal union status. Under the Moon Jae-in administration, the Ministry of Employment and Labor has been pushing for amendments to the Labor Union Act allowing dismissed workers to participate in union activities. This is a measure in line with the government's plan to ratify the International Labour Organization (ILO) core conventions.

The proposed amendments to the Labor Union Act and related laws submitted to the National Assembly for ratification of these conventions include provisions allowing not only unemployed persons but also dismissed teachers to join and participate in union activities. If this law passes, JeonGyoJo can regain its legal union status regardless of the Supreme Court ruling.

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