Supreme Court Grand Bench Rules "Notification of KTU as an Illegal Union Unlawful"... Original Judgment Overturned and Remanded (Breaking News)
[Asia Economy Reporter Choi Seok-jin] The Supreme Court has ruled that the Ministry of Employment and Labor Minister's notification of the National Teachers' Union (Jeon-gyo-jo) as an illegal union was unlawful.
On the 3rd, the Supreme Court en banc overturned the lower court's ruling, which had dismissed Jeon-gyo-jo's appeal against the Ministry of Employment and Labor's notification of illegal union status, and remanded the case to the Seoul High Court with a ruling in favor of the plaintiff.
The Supreme Court stated, "The notification of illegal union status not only removes protection under the Labor Union Act but also substantially restricts the constitutional labor rights. However, the Labor Union Act does not contain any related provisions nor delegates authority to the enforcement ordinance. Therefore, the enforcement ordinance provision regulating the illegal union notification system (applied mutatis mutandis from the Teachers' Union Act) is invalid as it violates the constitutional principle of legal reservation."
It added, "We overturn and remand the lower court's judgment, which deemed the enforcement ordinance provision valid and the illegal union notification lawful based on it."
On the same day, Justice Lee Ki-taek and Justice Lee Dong-won dissented, arguing that the Ministry of Employment and Labor Minister's notification of illegal union status was lawful.
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In principle, the government's illegal union notification remains effective until the remand trial following the Supreme Court's ruling. However, if the injunction to suspend the effect of the illegal union notification filed by Jeon-gyo-jo is granted by the Supreme Court's Third Division on the same day, Jeon-gyo-jo can immediately regain its status as a legal union.
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