Supreme Court "Dismisses Suspension Request"... JeonGyoJo's Status as an Unofficial Union Maintained for the Time Being

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has ruled that the government's notification of the "illegal union" status to the Korean Teachers and Education Workers Union (Jeon-gyo-jo), on the grounds that dismissed teachers were members, was illegal and therefore invalid. However, Jeon-gyo-jo's request to suspend the effect of the illegal union designation until the main lawsuit is resolved was not accepted.

The Supreme Court's Special 3rd Division on the 3rd dismissed Jeon-gyo-jo's provisional injunction request to suspend the effect of the illegal union notification against the Ministry of Employment and Labor. As a result, Jeon-gyo-jo will maintain its illegal union status until the retrial ruling is issued.

Previously, the Supreme Court plenary session overturned the lower court's ruling, which had ruled against Jeon-gyo-jo in the appeal lawsuit to cancel the illegal union notification issued by the Ministry of Employment and Labor, and remanded the case to the Seoul High Court with a ruling in favor of the plaintiff.

Chief Justice Kim Myung-soo stated, "Notifying a teachers' union of illegal union status is not merely a deprivation of status but a denial of the union's very existence," and pointed out that "the enforcement ordinance clause on illegal union notification fundamentally infringes on the three labor rights and is invalid."

However, since the provisional injunction request was not accepted, the government's notification remains effective. Nevertheless, if the amendment to the Labor Union Act currently being promoted by the government passes the National Assembly before the retrial, Jeon-gyo-jo may regain its status as a legal union.

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