Expresses Concern Over Supreme Court Ruling on JeonGyoJo's Illegal Union Status: "Contrary to Current Law"

[Asia Economy Reporter Ki-min Lee] The Korea Economic Research Institute expressed concerns that the Supreme Court's plenary ruling declaring the notification of the National Teachers' Union (Jeon-gyo-jo) as an unlawful union was illegal, stating that it "contradicts current law."

On the afternoon of the 3rd, the Korea Economic Research Institute under the Federation of Korean Industries (FKI) stated, "The Supreme Court ruled that the government's notification of Jeon-gyo-jo as an unlawful union is invalid due to the absence of a legal delegation provision," adding, "This raises concerns as it substantially conflicts with the current legal provision that does not recognize a labor union if it allows membership of non-workers."

They continued, "This ruling should not influence discussions on amending the Labor Union Act to recognize union membership for dismissed and unemployed individuals, as it does not permit union membership for non-workers."

The FKI also appealed, "In the context of the national economic crisis and deteriorating industrial competitiveness caused by the spread of the novel coronavirus disease (COVID-19), if only the union's right to organize is significantly strengthened, it may worsen adversarial labor-management relations and increase uncertainty in corporate management, potentially further weakening the global competitiveness of our companies."

Earlier, the Supreme Court's plenary session overturned the lower court's ruling that dismissed the lawsuit filed by Jeon-gyo-jo against the Minister of Employment and Labor seeking cancellation of the unlawful union notification and remanded the case to the Seoul High Court.

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

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