JeonGyoJo Wins Supreme Court Case on 'Illegal Union' Status... Suspension Request Denied (Comprehensive)

After 7 Years of Being an Unlawful Union, Path Opens to Legal Union Status... 'Labor Union Act Amendment' Remains a Variable

[Asia Economy Reporter Baek Kyunghwan] The Supreme Court has ruled that the notification of the National Teachers' Union (JeonGyoJo) as an illegal union was unlawful. JeonGyoJo can regain its status as a legal union after seven years since being designated as an illegal union. However, JeonGyoJo's request to suspend the effect of the illegal union notification by the government until the main lawsuit is resolved was not accepted.

On the 3rd, the Supreme Court en banc overturned the lower court's ruling that dismissed JeonGyoJo's appeal against the Ministry of Employment and Labor's notification of illegal union status and remanded the case to the Seoul High Court.

The key issue was the provision in the Teachers' Union Act and the Labor Union Act stating that "a labor union is not recognized if it allows non-teachers to join." The Ministry of Employment and Labor used this clause as the basis for the illegal union notification, while JeonGyoJo argued that before stripping the union of its legal status, it must first be examined whether the inclusion of dismissed teachers infringed on the union's autonomy.

Chief Justice Kim Myung-soo stated, "Notifying a teachers' union as illegal is not merely a removal of status but a denial of the union's very existence," adding, "The provision for illegal union notification fundamentally infringes on the three labor rights and is invalid." He continued, "The Ministry of Employment and Labor issued the illegal union notification based on the assumption that this enforcement ordinance provision was valid, but since the provision is invalid, the illegal union notification lacks legal grounds and is unlawful."

However, Justices Lee Ki-taek and Lee Dong-won dissented, arguing that the illegal union notification against JeonGyoJo was lawful. According to the union law provisions, it is clear that JeonGyoJo qualifies as an illegal union, so there is no reason to invalidate the notification.

They particularly noted, "JeonGyoJo concealed the rule of accepting dismissed teachers as members and did not comply with the Ministry of Employment and Labor's repeated correction requests," adding, "It is unacceptable to demand legal status based on fulfilling conditions while not meeting the legal requirements, so the illegal union notification is justified."

They also pointed out, "A legal system that accepts unreasonable claims to receive legal status and protection granted only upon meeting legal requirements while not adhering to those requirements has never existed in modern civilized societies based on the rule of law and should never exist."

Meanwhile, the Supreme Court's Special 3rd Division dismissed JeonGyoJo's provisional injunction request to suspend the effect of the illegal union notification against the Ministry of Employment and Labor. This was JeonGyoJo's request to halt the government's illegal union notification until the main lawsuit's outcome. As a result, JeonGyoJo will maintain its illegal union status until the remand trial ruling is issued.

However, if the government's proposed amendment to the Labor Union Act passes the National Assembly before the remand trial, JeonGyoJo can regain its legal union status. Since the Moon Jae-in administration, the Ministry of Employment and Labor has been pushing for amendments to the union law allowing dismissed workers to participate in union activities. This is a measure in line with the government's policy to ratify the International Labour Organization (ILO) core conventions. The proposed amendments to the union law and related laws submitted to the National Assembly include provisions allowing not only unemployed persons but also dismissed teachers to join and participate in unions. If this law passes, JeonGyoJo will be able to restore its status as a legal union.

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