Ministry of Employment Cancels Notification of KTU's Non-Union Status After 7 Years
Restoration of Union Status under the Teacher Labor Union Act
Kwon Jeong-o, Chairman of the Korean Teachers and Education Workers Union (JeonGyoJo), and union members are shouting "Banzai" as they leave the courtroom after the Supreme Court ruling on the appeal trial for the cancellation of the notification of the non-legal labor union status held at the Supreme Court in Seocho-gu, Seoul on the 3rd. Photo by Kang Jin-hyung aymsdream@
View original image[Asia Economy Reporter Han Jinju] The Ministry of Employment and Labor has revoked the notification of the Korean Teachers and Education Workers Union (JeonGyoJo) as an illegal union after seven years.
On the 4th, the Ministry of Employment and Labor announced, "In accordance with the Supreme Court ruling, we have canceled the 'Notification of Not Recognizing as a Labor Union' (illegal union notification) against JeonGyoJo," adding, "Accordingly, JeonGyoJo has regained its status as a labor union under the Teachers' Union Act."
The restoration of JeonGyoJo's union status means it can fully exercise its rights under the Labor Union Act, such as concluding collective agreements, applying for labor dispute mediation, and requesting relief for unfair labor practices.
On the 3rd, the Supreme Court overturned the lower court's ruling that had dismissed JeonGyoJo's appeal against the Ministry of Employment and Labor's illegal union notification, and remanded the case to the Seoul High Court with a ruling in favor of the plaintiff.
The Supreme Court ruled that Article 9 of the Enforcement Decree of the Labor Union Act, which was the legal basis for the illegal union notification against JeonGyoJo, was invalid as it violated the constitutional principle of legal reservation, and thus judged the illegal union notification based on it to be unlawful.
JeonGyoJo received the illegal union notification from the Ministry of Employment and Labor on October 24, 2013. The reason was its refusal to comply with the correction order regarding the union's regulation recognizing dismissed teachers as union members, which effectively incapacitated JeonGyoJo from exercising its rights under the Labor Union Act.
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JeonGyoJo had been demanding the revocation of the illegal union notification ex officio, but the Ministry of Employment and Labor did not accept this, citing the Supreme Court ruling and the proposed amendment to the Teachers' Union Act allowing dismissed teachers to join the union.
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